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Focused on Protecting Businesses and Representing the Injured

“Emergency Medical Condition” in New Florida PIP Law May Limit Benefits for Car Accident Victims

People involved in car accidents may soon find themselves out of luck or out of cash. Effective January 1, 2013, Florida’s new Personal Injury Protection (PIP) law may limit the amount of benefits claimants (and insureds) can receive. Florida is one of few states to have no-fault insurance laws, (coined “PIP” in Florida), and it provides up to $10,000 of  insurance coverage, regardless of fault. Insurance adjusters can only limit payment (or reimbursement) of such treatment to 80 percent of the bill until the $10,000 is exhausted. Afterwards, claimants can only seek further compensation through settlement or a lawsuit.

But, Florida’s PIP law will change. Starting January 1, 2013, individuals involved in car accidents can only get the full $10,000 PIP benefits if a doctor with an M.D. or a D.O. determines, within 14 days after the crash, that the victim has an “emergency medical condition.” 

What about individuals not suffering from any “emergency medical condition?”  Or someone who didn’t get the “emergency medical condition” determination by an M.D. or D.O.?  Or if it’s been more than 14 days since the accident before the “emergency medical condition” diagnosis?  Then, their PIP medical benefits are limited to $2,500.  Considering that a typical doctor’s visit can be about $150-$250 per visit, crash victims may suddenly find themselves out of medical benefits in a matter of one month!

At Yau Law, we have fought for our injured clients’ rights to seek medical treatment whether or not their condition is an “emergency medical condition.” We believe that no one should have to tolerate any amount of pain caused by the negligent driving of someone else. If you or a loved one have been in a car accident, give us a call today and find out how we can protect your rights, even with the new Florida PIP law.


Article by: Florence Chen

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