Tag Archives: florida no fault law

Florida's PIP Law Goes to Florida First District Court of Appeal

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?

If you have been injured in an auto accident, call the law office of  Tampa lawyer Martin Hernandez –  813.229.5353

What is the status of Florida's PIP law and how will my medical bills be paid?


The Florida legislature in 2012 changed the Personal Injury Protection (PIP) law due to take effect on January 1, 2013, under the guise of preventing insurance fraud. Florida requires each driver to carry at least $10,000 in PIP coverage, which allows a Florida motorist to receive medical benefits if involved in an accident, regardless of fault.

pip350Under the new law, individuals injured in car accidents will have only 14 days to seek initial treatment as opposed to the previous policy that placed no time limit on treatments. If treatment is sought after two weeks, nothing will be reimbursed by the insurance company. Further, policyholders may be eligible for only $2,500 in coverage, as opposed to the previous limit of $10,000. Only those with an “emergency medical condition” are eligible for the higher limit, while those with less severe injuries will receive only up to $2,500. Only a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner may diagnose an “emergency medical condition.”  A chiropractor cannot diagnose an “emergency medical condition.”

Even more worrisome to Florida citizens is that the law does not require insurance companies to notify policyholders that changes are forthcoming, effectively pulling coverage away from them without their knowledge or understanding. Recently, the constitutionality of this new law was challenged and a portion was successfully held unconstitutional.  The 14-day limit, however, is still in effect and sets an extremely small window for injured motorists to seek medical treatment.

Therefore, do not hesitate to seek help immediately or be prepared to be shut out of PIP compensation. Due to this change, it is absolutely critical for those injured in auto accidents to contact Martin J Hernandez immediately following an accident to ensure that their rights are protected.

Call the law office of  Tampa lawyer Daniel Fernandez and Tampa lawyer Martin Hernandez –  Tampa attorneys handling personal injury and car accident claims. 813.229.5353

Florida PIP Statute

Effective January 1, 2013, Florida Statute § 627.736  individuals injured in a car accident (who are seeking Personal Injury Protection medical benefits that they pay for already) are required to receive an initial evaluation and care WITHIN 14-days of the motor vehicle accident.  This evaluation needs to be done by a M.D., D.O., Physicians Assistant, Dentist or Advanced Registered Nurse Practitioner (BUT NOT A CHIROPRACTOR INITIALLY) to determine that the injured person has an emergency medical condition.

If you are injured or have any questions on what to do if you are injured in a car accident, give us a call at 813-229-5353.  Also, if you do not have a doctor who can qualify you for these benefits, we can refer you to an approved and licensed facility.

Florida Personal Injury Protection (PIP)

The beauty of Personal Injury Protection (PIP) (also known as Florida No-Fault) is that your medical bills and lost wages are taken care of by your insurance company.  The reason why your insurance company will pay yours and mine will pay mine is that Florida created the system of each person’s insurance will pay their own medical bills up to $10,000.00.  Regardless of fault.  All this is done quickly and effortlessly and should not affect your car insurance rates.

Even if you are not sure if you are at fault, we can help guide you through this system and get you to the right doctors right-away.  Furthermore, we may still be able to help you with your auto accident claim.  Every year, the auto accident lawyers at Fernandez & Hernandez litigate numerous lawsuits involving auto accidents.

 Give us a call today at 813-229-5353 for your free consultation.