In early 2012, Florida's legislature made sweeping changes to Florida's no-fault automobile insurance law. According to the Florida Chiropractic Association, the most significant changes were to the personal injury protection (PIP) component of your coverage. This PIP coverage protects you should you be in a motor vehicle accident and suffering from pain and injuries. While all Florida drivers will still be required to carry PIP coverage, the changes significantly alter how you will be able to seek and obtain medical care for your injuries following an accident. There are 5 key aspects of the new law that you should understand.
1. New Time Limits in Seeking Treatment
Current law does not set a particular time frame for seeking treatment following a motor vehicle accident. The new law gives you only 14 days to seek treatment following the date of the accident. If you do not see a doctor during the timeframe, you will lose the ability to use your PIP coverage for any necessary treatment. It is now more important than ever to seek a Medical/Chiropractic consultation promptly following an accident.
2. Changes in Coverage and Treatment Options
You will still be required to carry and pay insurance premiums for a full $10,000 of PIP coverage, however, in certain situations you may only be entitled to up to a $2,500 reduced benefit. You must now have a determination of a "emergency medical condition" to access your full $10,000 benefit. It also restricts who is allowed to make that determination to Medical Doctors. Lastly, massage therapy and acupuncture treatments will no longer be covered services under this change.
3. What to Do if Your Auto Insurance Carrier Stops Payment After $2,500?
If your auto insurance carrier stops payment after $2,500, you may continue to obtain treatment with our office under a Letter of Protection if you are presented by a lawyer and are filing a claim for recovery against the at-fault driver. If our office is a network provider for your health insurance, you may also be able to use those benefits.
4. Impact to Your Insurance Premiums
While the goal of these benefits reduction is to reduce fraud and reduce costs, there is no requirement in the new law that insurance companies reduce costs. Carriers were asked to consider a 10% reduction in premiums by their rate filings in October 2012, most chose not to comply.
5. When These Changes Take Effect
While some of the provisions of the new law took effect on July 1, 2012, the major changes will take effect January 1, 2013. You can expect a lot of controversy over the interpretation of this new law because of the vagueness.
We are expecting a lot of concerns and issues with this new law. It will have many unintended consequences and we are here to help anyone who has questions or concerns. Please feel free to call our office at (561) 997-8898.
