The New PIP Law and You: Actions to Take Following an Auto Accident

As previously discussed on this blog, the new PIP Reform Bill of 2012 will usher in a swath of questionable requirements and limitations on personal injury protection (PIP) auto insurance coverage that may ultimately do more harm than good to Florida drivers. On January 1, 2013 the major revisions to the existing law will come into full effect, imposing cumbersome new procedures for auto accident victims in order for them to receive the full benefit of their PIP coverage. The following are a few recommended steps to take following an auto accident to maximize your PIP benefits:

1. See a qualified health professional within 2 weeks of the accident. The PIP Reform Bill requires that those injured in an auto accident have 14 days to seek initial treatment. Otherwise, the insurance company will be able to deny $7,500 in coverage to the injured. The current statute imposes no such cutoff. The new bill also limits the types of medical professionals that can examine the accident victim, such that only a physician, osteopath, chiropractor, dentist, supervised physician’s assistant or advanced nurse practitioner may provide treatment and diagnosis. If you fail to seek treatment from one of these medical professionals within 14 days, you may no longer be eligible for PIP benefits.

2. Contact an injury attorney before submitting to an EUO. Examinations Under Oath (EUO) are another tool the bill provides insurers to discourage auto accident victims from making a PIP claim for medical benefits under their auto policy. An EUO is a sworn statement that the accident victim must provide to the insurance company under the new law before any benefits will be paid. These EUOs will normally be conducted by an insurance company fraud investigator, who is allowed to ask far-reaching and often intrusive questions about your accident, injuries, and treatments. If you are involved in a car accident and your insurance company requests and EUO, we suggest that you contact a lawyer immediately and that you not attend the EUO without the benefit of counsel in order to protect your legal rights.

3. Attend the IME, but consult with an experienced attorney first. PIP insurance companies can also use the new law to force you to go through an Independent Medical Examination (IME) before benefits will be paid. This will usually involve a physical examination by a doctor paid for and chosen by the insurance company. Under the new law, if you fail to attend a scheduled IME appointment two times, the carrier will not be responsible for the benefits. Refusing or failing to show up for two IMEs will also create a presumption that the refusal or failure to appear was unreasonable, which will make it more difficult for you to seek reimbursement of PIP benefits. We recommend that if you are requested by your insurance company to attend an IME, you should attend rather than risk losing your PIP benefits, but you should also contact an attorney to protect your legal rights.

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.