FL Legislators Pass PIP Reform Bill; Most Measures Effective 2013

After Florida legislators disseminated and debated multiple versions of PIP reform bills, the House and Senate approved HB 119 on March 9, 2012.  The bill is awaiting signature by Florida Governor Rick Scott, a major proponent of reforming the state’s current personal injury protection (PIP) law.

The majority of the changes to Florida Motor Vehicle No-Fault Law, Sections 627.730-627.7405, Florida Statutes, go into effect on January 1, 2013.  The most significant reforms include the following:

• Auto insurance policies are still required to provide up to $10,000 in PIP medical and disability benefits, but only if the accident victim receives initial medical treatment within 14 days after the auto accident.
• If the initial treatment was for an emergency medical condition, the accident victim is entitled to up to $10,000 in reimbursement for medical expenses as long as the follow-up treatment was based on a referral by a medical doctor or chiropractor, and such follow-up care is consistent with the underlying medical diagnosis rendered at the initial visit.
• Those who received merely non-emergency treatment are only entitled to up to $2,500 in PIP benefits.
• Massage and acupuncture are no longer covered under the new law.
• An additional $5,000 in death benefits will be available effective July 1, 2012.
• If Medicaid pays for the treatment, PIP must reimburse Medicaid for the full amount (rather than 80%).
• The new law requires those injured in an auto accident to submit to an examination under oath (EUO).
• The revised legislation also removes caps on attorney fees but prohibits judges from using multipliers to increase fees awarded in complex cases.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience in settling auto and other accident cases, together with the resources to take a case through trial and a jury verdict in the appropriate circumstances.  Despite the new limitations on PIP coverage in Florida, we are committed to maximizing your recovery.  Our law firm has tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.