Your Rights under Current Personal Injury Protection Laws

Knowing your rights is key when it comes to being compensated for injuries sustained in a crash.  The reality is that every person that get into a moving vehicular is at risk of being in an accident.  And, although drivers are accountable by law, to avoid reckless behavior and adhere to the safety rules of the road, some don’t. For that reason, legislations have been put in place to protect motorist who get injured by negligent drivers.

Being compensated for those injuries however, is not an automatic process. The actions you take immediately following the accident may determine whether you are compensated or not; even if those injuries result in permanent disability. As such, it is important to understand benefit and claims thresholds under the current personal injury protection laws. It is also, always in your best interest to contact a qualified personal injury attorney if you are unsure of what to do after being injured in an accident.

Florida legislature regarding Personal Injury Protection (PIP) law requires each driver to carry at least $10,000 in PIP coverage.  In the event of an accident, this enables a motorist to receive medical benefits even if the accident is their fault. Other changes to the law that went into effect in January 2013 include the following:

  • There is a short window of “14 days” in which you must seek medical treatment following a car accident. If treatment is sought after two weeks, you may not be entitled to reimbursement by the insurance company.
  • Initial treatments or first treatment must be provided by a hospital, licensed clinic or by a select group of professionals such as a medical doctor, dentist, chiropractor and or paramedic. It is also important to get a certification by a qualified medical professional such as a general or osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner that corroborates the fact that your injuries required immediate medical attention.
  • Injuries diagnosed as an emergency medical condition may qualify for $10,000 in reimbursement. However, if you do not have valid documentation that your injuries required emergency medical treatment, the insurance company will only pay $2,500 for non-emergency conditions.  
  • Recovery treatments such as for massage therapy or acupuncture treatments as defined in Florida Statute 457.102. are no longer covered by personal injury protection law regardless of the person’s qualifications or license.   
  • A claim must be filed within 14 days after the accident in order to receive reimbursement.
  • PIP benefits will also cover your child, household members, and certain passengers who don’t have their own PIP insurance, as long as they do not own a vehicle.
  • Passengers who are injured and has their own PIP insurance can pursue reimbursement under their own insurance.

For now, the constitutionality of this personal injury protection law is being upheld by the Florida judicial system.  For this reason, it is important that persons injured in an accident seek immediate medical attention from a recognized medical facility or by qualified physician within the “14 day” time limit. If your injuries are severe, it is also critical that you get legal counsel to determine what your options are in seeking appropriate compensation for the potential long term physical and financial impact of an accident.

To learn more Florida personal injury protection laws or your rights after an accident, call for a free consultation today at (561) 655-1990 or visit our website at foryourrights.com.

Personal Injury Attorney in West Palm Beach

About Lytal, Reiter, Smith, Ivey & Fronrath                                                                                                 

Conveniently located in West Palm Beach for 27 years, Lytal, Reiter, Smith, Ivey & Fronrath, LLP concentrates in Personal Injury, Wrongful death, Medical Malpractice, Product Liability and Auto accidents. At Lytal, Reiter, Smith, Ivey & Fronrath, we specialize in helping victims and their families get fair compensation for injuries caused by the negligence or recklessness of others. Our main areas of practice include personal injury, wrongful death, auto accidents, product liability, medical malpractice, and premise liability. We provide each client with the highest quality representation from a top Florida accident and injury lawyer.

Sources:

  1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html
  2. https://m.flsenate.gov/Statutes/457.102

 

Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th Floor
West Palm Beach
Florida, FL 33401
(561) 655-1990
www.foryourrights.com

 

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