Marsalisi Law

If you’ve had or know someone who has had an auto accident and think there may be injuries, it’s important that you/they don’t wait too long to seek medical care and speak to an attorney to understand your rights.

Under Florida’s Personal Injury Protection (PIP) Law, there are three main things everyone should know:

    1. Every driver in Florida is required to carry $10,000 of Personal Injury Protection (PIP) coverage. This covers medical expenses that are a result of an auto accident (up to $10,000).
    2. If you do not seek medical care for injuries resulting from an auto accident within 14 days, you will forfeit your PIP benefits; no PIP benefits will be disbursed.
    3. If you are seen within 14 days of the accident, one of two things can happen:
        – You are diagnosed with an Emergency Medical Condition (EMC). This means that the full $10,000 worth of PIP benefits will be available to you.
        – You are not diagnosed with an Emergency Medical Condition (EMC). This means that your PIP benefits are reduced to $2,500.

Let’s summarize:

    • According to Florida Law, you are required to carry PIP coverage in the amount of $10,000 to cover your own injuries (and possible lost wages) as a result from an auto accident, whether the accident was your fault or not.  However, if you do not seek medical care within 14 days, PIP coverage will not be disbursed even though you have been paying your monthly insurance premium. Also, if your condition is not diagnosed by an M.D., D.O., P.A., A.R.N.P., or Dentist as an Emergency Medical Condition (EMC), your benefits are slashed by 75%.
    • Supposedly the purpose of this law is to reduce insurance fraud. However, the consequence of the law is that many people lose benefits on insurance that they are required, by law, to carry and have been paying for all along. Thus, it results in another form on an insurance company dictating treatment and maximizing their profits. As physicians, you have become immune to this and accepted it as an everyday reality, but it still shouldn’t outrage us any less.
    • My advice – if you’re in an accident or know someone who has been in an accident, and have any pain or symptoms whatsoever, seek medical attention quickly to preserve your benefits.  Then, contact an attorney to make sure you know what your rights are and they can then guide you through the hurdles to ensure you receive all the benefits that you’ve paid for and that you rightfully deserve.

For more information in regards to this article or any other legal questions, you can email Frank P. Marsalisi at frank@marsalisilaw.com or call the office at 727-800-5052.