On Tuesday, September 17, 2013, the Florida First District Court of Appeal will hear oral argument on Florida’s “New PIP” statute in the case of McCarty v. Myers, Case No. 1D13-1355 (Fla. 1st DCA), on appeal from Myers v. McCarty, Case No. 2013-CA-0073 (Fla. 2nd Cir. Ct. March 15, 2013 ).
This is the case where the trial court held Florida’s “New PIP” statute unconstitutional and granted a temporary injunction of its enforcement. The trial court called Florida’s no-fault law an “experiment with socialism….” Id. at p.3.
This “New PIP” statute was enacted under the guise of combating fraud, but, in my opinion, it has done nothing but hurt and confuse the consumer and limit benefits to the injured (limit the medical reimbursement from $10,000 to $2,500) while helping the profit margin of the auto insurance companies. Don’t believe me? Ask yourself this: Did your auto insurance rates go down this year?