Florida car accident victims who fail to get medical treatment within 14 days of an accident may lose their right to pursue compensation for injuries sustained in the accident. This "14-day PIP rule" applies to all Florida drivers, regardless of fault.
As simple as the rule sounds, many misconceptions and misunderstandings still lead injured drivers to ask, “What is the 14-day PIP rule in Florida?” As a result of not understanding, thousands of accident victims lose out on their rights to compensation every year.
At Frankl Kominsky Injury Lawyers, we are dedicated to getting all Florida car accident victims the compensation they deserve. With the help of a car accident lawyer in Florida and these valuable learning resources, you can confidently navigate the complexities of Florida's car accident laws.
Why Does the 14-Day PIP Rule Exist?
The legislature implemented the 14-day Personal Injury Protection rule to prevent fraudulent insurance claims.
The state aims to ensure that only legitimate injuries are covered under PIP insurance by requiring prompt medical treatment.
Additionally, seeking immediate medical care can help mitigate the severity of injuries and prevent long-term health complications.
Because Florida requires all drivers to carry PIP insurance, this law ensures that insurance companies uphold their end of the bargain by providing necessary medical coverage on time, regardless of fault.
What Accidents Does Florida's 14-Day PIP Rule Apply To?
The 14-day PIP rule applies to all car accidents in Florida, including but not limited to:
- Rear end collisions
- T-bone collisions
- Head-on collisions
- Sideswipe accidents
- Multi-car pile-ups
- Rollovers
- Underride accidents
The rule also applies to other types of motor vehicle collisions, such as motorcycle, trucking, and pedestrian or bicycle accidents involving a motor vehicle.
If you are unsure whether your accident requires medical treatment within 14 days, contact a car accident lawyer in Florida to help you understand your rights and options.
What Does Seeking Medical Treatment Mean Under the 14-Day PIP Rule in Florida?
Qualified Healthcare Providers
Under Florida's 14-day PIP rule, licensed healthcare practitioners must provide your initial medical care.
These can include:
- Medical doctors
- Doctors of osteopathic medicine
- Dentists
- Chiropractors
- Emergency medical service facilities
Florida must license these providers and hold them in good standing.
If you receive initial care from an unlicensed provider, your insurance company may try to deny your claim under the 14-day rule.
Comprehensive Medical Evaluation
Seeking medical attention involves undergoing a thorough evaluation to document all accident-related injuries.
This evaluation typically includes:
- A physical examination
- Imaging tests like X-rays or MRIs (if necessary)
- A detailed report of the findings
The goal is establishing a medical record of your injuries, which is essential for your Personal Injury Protection claim.
The more you can document accident-related injuries, the better your personal injury attorney can advocate for the maximum compensation, including current and future damages.
Treatment Plan
Beyond the initial assessment, your medical provider should create a treatment plan.
This may involve:
- Follow-up visits
- Physical therapy
- Medication
- Referrals to specialists
This essential document supports your PIP claim by showing that your injuries require ongoing medical treatment and care. It also helps establish the severity of your injuries and their impact on your daily life.
Why Do I Need To Use My PIP Coverage?
Florida's No-Fault Laws
Florida is a no-fault state, which means that after a car accident, each driver's insurance company must pay their own medical expenses and lost wages, regardless of fault.
Under this system, PIP insurance provides financial coverage for medical bills and lost wages up to the policy limit. This can help cover immediate expenses while you pursue compensation from the at-fault driver through a personal injury lawsuit.
If you fail to seek medical treatment within 14 days of an accident and your injuries worsen over time, you may not be able to use your PIP coverage or have it reimbursed by the at-fault driver's insurance company.
This puts you in a difficult situation where you must cover all expenses out of pocket.
The Cost of Car Accidents in Florida
No matter how insignificant accident injuries may seem, they can quickly become significant financial burdens.
Without Personal Injury Protection insurance coverage helping to cover upfront costs, you could be on the hook for the following injuries and treatments until a car accident attorney can help secure damages in a personal injury lawsuit:
- Emergency Medical Services: From ambulance rides to on-scene care, accident victims who fail to seek medical treatment within 14 days may be responsible for out-of-pocket costs that often exceed $1,100.
- Overnight Hospital Stays: Serious injuries sustained in a car accident may require an overnight hospital stay for proper treatment. This can cost an average of $2,629 per night, not including any necessary procedures or surgeries.
- Diagnostic Imaging: X-rays, MRIs, and CT scans can cost hundreds to thousands of dollars per test, depending on the severity of your injuries. Without PIP coverage, injured parties exclusively shouldered these costs until they settle a personal injury lawsuit.
- Surgery and Specialist Care: More severe injuries may require surgery or specialized care from doctors such as neurologists, orthopedic surgeons, or physical therapists. For example, broken bones average $15,000 to $25,000 per treatment. More catastrophic injuries such as blunt force trauma to the head or spinal cord damage can cost well into the six figures, even with excellent health care coverage.
- Lost Wages: Car accidents often result in time away from work, leading to lost wages and diminished earning capacity. Without PIP coverage, you could lose vital compensation to help cover basic living needs until your accident case is settled.
Due to the high costs of car accidents, it is essential to utilize your Personal Injury Protection insurance to cover immediate expenses and avoid financial burdens down the road.
How Much Can I Receive From PIP Coverage in Florida?
Florida requires drivers to carry minimum PIP insurance that covers:
- $10,000 for medical expenses
- 60% of lost wages
Your PIP coverage will pay up to $10,000 for medical expenses and up to 60% of lost wages (up to the policy limit) if you cannot work due to accident-related injuries.
Unfortunately, just because you have PIP coverage does not mean you will receive the maximum benefits. Insurance companies often try to minimize payouts and may deny or delay payment for various reasons.
This is why it's essential to seek medical treatment within 14 days of an accident, document all injuries, and work with a personal injury attorney who can help fight for your rights and ensure that you receive fair compensation.
Who Does PIP Insurance Cover in Florida?
Personal Injury Protection insurance covers policyholders as well as:
- Household relatives
- Passengers in the vehicle at the time of an accident
- Any non-family member driving your car with permission
This coverage extends to pedestrians and bicyclists who are injured by a vehicle.
If you don’t know how PIP insurance covers you, consult a personal injury attorney who can review your specific policy and provide comprehensive legal guidance.
How Can a Car Accident Lawyer In Florida Help Me With the 14-Day PIP Rule?
As straightforward as the law seems, navigating the complex legal jargon, extensive paperwork, and hoops insurance companies will make you jump through can be overwhelming.
This is where a Florida car accident attorney can help by:
- Assisting you in filing a claim for PIP coverage within the 14-day window
- Negotiating with insurance companies to ensure fair compensation
- Gathering and organizing medical records and other evidence to support your PIP claim and personal injury lawsuit if necessary
- Providing legal representation and advocating for your rights in court if insurance companies cannot offer a full or fair settlement.
With an experienced car accident lawyer, you can focus on recovering from your injuries while leaving the legal matters in capable hands.
What Are Misconceptions About the 14-Day PIP Rule in Florida?
Myth: You don't need to worry if you already have health insurance.
While having health insurance is beneficial, it may not cover all accident-related expenses and may not provide the same coverage as PIP insurance. It's essential to utilize your PIP coverage within 14 days of an accident to avoid potential out-of-pocket costs.
Myth: The 14-day window only applies to seeking medical treatment.
The 14-day window also includes filing a claim for PIP benefits. Failure to do so can result in payment denial or delay from your insurance company. This is why contacting a car accident lawyer in Florida immediately after the incident is crucial.
Myth: If you are at fault for the accident, you cannot receive PIP benefits.
In Florida, PIP benefits are available regardless of who was at fault for the accident. This means that even if you were responsible for the accident, you may still be eligible for medical and wage loss benefits under your PIP coverage.
Myth: Any medical provider will do.
PIP insurance only covers treatment from licensed medical professionals, such as doctors and chiropractors. Seeking medical treatment from non-licensed or naturalistic providers such as a masseuse or acupuncturist may not be covered under PIP insurance.
What if PIP Insurance Won’t Cover All Accident-Related Damages?
Not all damages from a car accident are covered under the Personal Injury Protection insurance.
If your medical expenses, lost wages, and other damages exceed the limit of your PIP coverage, you may be able to pursue additional compensation through a personal injury lawsuit against the at-fault driver.
A personal injury lawsuit may also be necessary to recover non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. PIP insurance does not cover these damages. You must take legal action to seek compensation for them.
To ensure you receive maximum benefits from your PIP coverage and can pursue additional compensation if necessary, consult a Florida car accident lawyer as soon as possible.
What Is the 14-Day PIP Rule In Florida? Get the Answers You Need to Recover With Frankl Kominsky Injury Lawyers
The 14-Day PIP Rule in Florida is essential to ensuring the financial security and well-being of individuals involved in car accidents.
However, navigating the legal process can be overwhelming, especially while dealing with injuries and other challenges post-accident.
At Frankl Kominsky Injury Lawyers, we understand the importance of PIP coverage and are dedicated to helping accident victims receive fair compensation for their damages.
Our experienced team of attorneys will guide you through the 14-day PIP rule and fight to protect your rights and best interests every step of the way.
Contact us today for your free consultation to learn more about how we can help you navigate Florida's complex world of car accident claims.