Personal Injury Law Firm
Protecting The Rights of Florida Accident Victims
Info from a Personal, Yet Aggressive Sarasota Injury Attorney Insurance Claim Denial
Sarasota injury attorney Maria Gerber and her law firm staff have received numerous calls regarding the date on which the new Florida PIP law takes effect and concerning the substantive changes. Although the Chapter Law that enacts the relevant statutory changes generally takes effect on July 1, 2012, the majority of the law as it pertains to care sought by the insured has been expressly slated to take effect pursuant to the statutory language on January 1, 2013. The Governor signed the bill on May 4, 2011, and the new law was filed with the Office of the Secretary of State on that same day.
Because Florida is a no-fault state, Florida motorists are required to carry a minimum amount of $10,000 in personal injury protection benefits. Prior to the recent changes, these PIP benefits would pay up to $10,000.00 in reimbursement for medical attention sought as a result of a motor vehicle accident. However, the new law requires an injured person to seek medical attention within 14 days of the accident, and only those individuals deemed to be suffering from an immediate/emergency medical condition will be entitled to the full $10,000.00 in coverage. Others will be relegated to only $2,500.00 in PIP coverage. Note, massage therapy and acupuncture are no longer covered under Florida's new PIP law.
Please note, while the Chapter Law does not expressly address whether these changes can be applied retrospectively to accidents occurring prior to the effective dates listed, the fact that the Legislature has created different effective dates indicates the Legislature’s intent that these changes not be applied retroactively to accidents occurring prior to the given effective date of January 13, 2013. Regardless of this significant factor, retrospective application of a PIP statute is a complicated matter that is not definitively settled until it has been considered by the relevant courts of this State. At this point, however, it appears that these sweeping changes will apply to motor vehicle accidents occurring ON OR AFTER January 1, 2013, and therefore, would not likely be applicable to any pending motor vehicle accident claim/case one currently has.
It is imperative that Florida drivers be informed on the changes in the law and govern themselves accordingly to ensure they receive full benefits. For greater detail, please read Sarasota injury lawyer Maria Gerber's memorandum pertaining to the changes or contact Gerber Law with any comments or questions.
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