Will FL Senate Cancel “No Fault” Insurance for Personal Injury?

Written by on October 14, 2013 in Accidents, Personal Injury

Florida Senate Debates Eliminating PIPOn October 12, 2013, NorthEscambia.com reported that Florida legislators are considering alternatives to the state’s no-fault auto insurance coverage for personal injury suffered in accidents, while a 2012 law designed to remove fraud from the system remains in legal limbo. The new legislation could be presented as early as November 2013.

The 2012 law signed by Gov. Rick Scott requires those involved in motor vehicle accidents to seek treatment for personal injury within 14 days, allows up to $10,000 in benefits for emergency medical conditions and up to $2,500 for non-emergency conditions.

An appeals court ruling is pending after a group of chiropractors, acupuncturists, and massage therapists challenged the law because it mandates a reduction of individual medical coverage. This group also believes that the law reduces access to courts. The ruling is expected to be reach the Florida State Supreme Court, regardless of the outcome of the challenge.

On March 20, 2013, Leon County Circuit Judge Terry Lewis ruled that the 2012 law illegally prevents accident patients from using PIP claims to pay for treatment by acupuncturists and massage therapists and limits the services from chiropractors, and found fault with the limits to which the law lowers reimbursement for non-emergency medical care.

Senate Banking and Insurance Chairman David Simmons, R-Altamonte Springs, said that he is advancing new legislation at the request of a number of insurance officials who doubt that the 2012 reforms to the state’s decade-old Personal Injury Protection (PIP) auto insurance system will be fully implemented. Simmons also said that the draft of the new law was “still in progress.”

The Law Offices of Paul J. Healy serve Jacksonville and the North Florida counties of Duval, Baker, Clay, Nassau, and St. Johns.

 

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