Legal News

One of the aspects I love most about being a personal injury attorney is helping my clients on a global scale, and that sometimes includes stepping into the property damage arena. Although we are typically retained to represent claimants in bodily injury claims, it is imperative that an attorney also be knowledgeable and willing to assist with resolution of a claimant’s property damage, as needed. Continue reading “Navigating the Property Damage Claims Process Following a Motor Vehicle Accident” →

The “Emergency Medical Condition” – meet this statutory requirement or risk being limited to $2,500 in Florida PIP benefits.

In the personal injury world, it is important for injured claimants to utilize their full $10,000 PIP benefits, which is most commonly used to pay providers up to 80% of allowable charges for qualified medical treatment rendered after a motor vehicle accident.[1] Without full use of a claimants PIP medical benefits, the claimant may be left with unresolved and/or outstanding medical bills, or may be forced to use his/her private health insurance (if applicable), which can become problematic for a myriad of reasons. Continue reading “The Emergency Medical Condition (EMC)” →

If I fail to treat within 14-days after my accident – can I still use the full $10,000 in PIP benefits to pay my medical providers? Unfortunately, Fla. Stat. 627.736 says “no” and this “no” is not negotiable.

Recall that in my prior article, I explained that PIP benefits are not automatically paid directly to the injured claimant following an accident (with exceptions), pursuant to Fla. Stat. 627.736. Rather, PIP benefits are most commonly used to pay medical providers for treatment received after an accident. Now that we have debunked the misconception that injured claimants automatically receive $10,000 following an accident, it is important to be aware of the 14-day rule relating to medical treatment and PIP benefits. In order to fully appreciate the importance of this 14-day rule, consider the following example:

You carry $10,000 in PIP coverage. You pay a premium for your $10,000 in PIP coverage, hoping you never need it. Unfortunately, you find yourself involved in an accident and have injuries. Due to other commitments and obligations, you neglect to visit a doctor within 14-days of your accident. On the 15^th day, you visit a chiropractor, informing the chiropractor that you were in an accident and providing your insurance information. You mistakenly believe that PIP will pay up to 80% of the provider’s bill, leaving you with (hopefully) a small 20% payment. Your provider submits their bill to your PIP carrier and the claim/bill is denied, leaving you confused and nervous. What went wrong? Unfortunately, this is a common situation that could have potentially been avoided, had you sought treatment within 14-days. Continue reading “What Happens If I Fail to Get Medical Treatment within 14 Days?” →

I am often asked by clients – do I automatically get a $10,000.00 PIP (personal injury protection) check made payable to me, following a car accident? In the typical scenario, unfortunately, the answer is no. This article will briefly explain the purpose of Florida PIP insurance and its applicability when you are in an accident. Please note that nothing in this article is to be construed as rendering legal advice but is for informational purposes only.

Florida is a no-fault state that requires every vehicle owner to carry $10,000 in PIP benefits pursuant to Fla. Stat. 627.7407. This means that when you are in an accident, whether it is your fault or not, you qualify to make a claim for PIP benefits (if available). But what is the purpose of this required coverage and who gets the money? Does the claimant automatically get a $10,000.00 check made payable to them, following an automobile accident? Unfortunately, the answer is no. Continue reading “How are PIP Benefits Paid?” →