2013 PIP (Personal Injury Protection) Changes:
Insurance companies only have to provide $10,000 in no fault or PIP coverage. The limit has been the same for decades even though the cost of medical care has increased dramatically. Instead of raising the limits the legislature has drastically lowered them for many cases. Here are some highlights of the new bill which takes effect on January 1st, 2013.
If no treatment is received within fourteen days (14) of an accident then NO personal injury benefits need to be paid.
Only those diagnosed with an Emergency Medical Condition (EMC) by a medical doctor, doctor of osteopathic medicine, dentist, physician’s assistant or registered nurse practitioner within the first 14 days of an accident will be eligible for the $10,000. Everyone else will be limited to a maximum of $2,500.
Chiropractic Physicians cannot render an opinion as to whether their patient has an EMC qualifying their patient for the full personal injury benefits ($10,000) for treatment. Chiropractors who wish to provide services under PIP, will be limited to $2,500 without a previous EMC determination by a physician within those first 14 days
To meet the requirement of an EMC there must be a need for Immediate Medical Attention such that absence of medical care would result in:
- Serious jeopardy to health
- Serious impairment of bodily functions or
- Serious dysfunction of bodily organ or parts
Many soft-tissue injuries like swelling and bruising are not expected to result in an emergency determination.
Massage and acupuncture are eliminated from personal injury benefits.
An insurance company is NOT required to amend its policy or notify its insured for this new law to take effect.
The above highlights are offered for your information only are are NOT meant to be legal advice. There are other important provisions in the bill. Click here for the FULL TEXT of the bill.
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How Can We Help You?
Our law firm works on a contingency fee basis. This means you will not only get a free consultation with a lawyer, you will not pay for our services unless we make a recovery in your case. If you have been injured or have a problem an attorney can help you with, please contact us and schedule a free consultation with an attorney. Click Here To Learn More or fill out the contact form below.
Our firm represents individuals and families where an accident has caused an injury or death. If you are contacting us for legal advice because you or a member of your family accidentally injured or killed someone, you should contact your insurance company and they will provide legal assistance to you. However, in Florida fault can be attributed to both parties in an accident so you may be able to recover even though you are partly at fault.
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Please do not disclose any information on this form other than your name and the date and location of the accident. We will contact you to determine if we can assist you. You are not obligated to retain us and we are not agreeing to undertake your representation until we can speak with you further. Do not give a statement or provide other assistance to the insurance representative representing the other party to the accident. You do have to cooperate with your own insurance company representative. The sooner we can discuss the circumstances of the accident the better chance we will have of protecting your rights. |
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The attorneys of Kerrigan Estess Rankin McLeod & Thompson have maintained a statewide practice for over 35 years. The Kerrigan law firm is devoted to representing individuals and families of serious personal injury and accidental death across northwest Florida with offices in Pensacola, Panama City and Port St. Joe.