The Tampa Bay Times reports that the Florida Legislature ended its 2017 session earlier this month without passing House Bill 1063 (HB 1063). HB 1063 was aimed at reforming our state’s current no-fault personal injury protection car insurance system and, if it had been passed into law, would have eliminated the requirement that Florida motorists must carry personal injury protection as part of their car insurance. However, as lawmakers failed to repeal our state’s personal injury protection insurance requirement, drivers in Florida are currently still required to purchase personal injury protection insurance.
What is Personal Injury Protection (PIP) Insurance?
Personal injury protection (PIP) insurance (also referred to as “no-fault coverage”) is a type of car insurance policy that pays out benefits to an injured policyholder regardless of who was at-fault for causing the accident in which they were injured. Therefore, in an insurance system that requires drivers to carry personal injury protection insurance the question of blame as it relates to the immediate need for medical care is theoretically removed from the post-accident insurance equation as each driver’s PIP policy is expected to cover damages to the policyholder based on their needs. States such as Florida that require drivers to carry personal injury protection insurance generally do so in order to help limit the number of personal injury lawsuits that are filed against at-fault drivers.
The Current Law in Florida
Under Florida’s current personal injury protection law, all Florida motorists are required to carry a minimum of $10,000 in personal injury coverage in order to provide medical benefits after a car accident, regardless of which driver was at-fault. However, there are some important limitations to be aware of. For example, personal injury protection insurance in Florida may not cover your medical bills if you fail to receive medical treatment for your injuries within 14 days of the accident in which you were injured. For example, if you fail to obtain treatment from a physician and that physician fails to identify an “emergency medical condition” within 14 days from the date of the accident, you will be limited to a maximum of $2,500.00 of PIP coverage.
If you are injured in a car accident in Florida, state law requires you to first turn to your own PIP insurance provider for compensation and then, only if certain statutory requirements are met, you may file a personal injury lawsuit against an at-fault driver in order to recoup your losses. These statutory requirements are a bit complex but an experienced Florida car accident lawyer can help you navigate through them.
Have You Been Involved in a Car Accident? Contact a Local Car Accident Lawyer
Dealing with the aftermath of a car accident in Florida can be a nightmare. Fortunately, the experienced car accident lawyers of Piccin & Glynn are here to help. You need help negotiating with an insurance company or filing a personal injury lawsuit to recover the compensation you are legally entitled to, we are here to assist you every step of the way. To discuss your legal options during a free consultation, contact our Ocala office today toll free at 352-558-8480.
Resources:
myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=58870
tampabay.com/news/politics/stateroundup/florida-legislature-2017-what-passed-and-what-failed/2323573