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Florida Accident Law and Pip Legislation Update

Florida is one of five states that has established a legislative scheme known as “No-fault” for handling automobile accidents that cause personal injuries.   No-fault requires every vehicle to have insurance coverage for Personal Injury Protection and Property Damage.  This minimal requirement essentially provides the insured driver or anyone in the insured driver’s vehicle with up to $2,500 worth of medical treatment and services for injuries as the result of an automobile accident.   If a medical doctor certifies that the injuries are severe enough to be considered an emergency medical condition, then up to $10,000 worth of medical treatment will be available.   These benefits apply even if the driver or passenger was “at fault” in terms of the accident. However, there are a few requirements that must be met before a person can qualify for the benefit which includes treatment by a qualified medical provider and receiving this within 14-days of the accident.

Up to this point, the Florida Legislature has chosen to modify the law instead of repealing I several times. However, there are many advocates of repealing it all together, contending that it spawns fraud and staged accidents or overtreatment.  This year, the Florida Legislature chose not do make any changes to the No fault laws we have come to know as Personal Injury Protection or PIP.

Gregg Goldfarb