If you are in car accident in South Florida or Naples, it’s important to familiarize yourself with our 14-day law. Essentially, this law states that injured victims must seek medical treatment within 14 days of their accident, or they lose their personal injury protection (PIP) coverage for medical care from the accident.
PIP coverage is often called your no-fault insurance, it covers medical expenses and some wage loss. If you have questions about PIP coverage and the 14-day Florida car accident law, let our experienced attorneys at Weinstein & Cohen help.
Understanding the 14-day Car Accident Law
Seeking medical treatment after an accident is usually a good idea. Even if you don’t think you are seriously injured, you should go and get checked out, just to be safe. Some injuries are just not visible to the untrained eye and some injuries may be masked by adrenaline shortly after the accident.
Florida’s 14-day PIP law says that you need at least an initial medical examination within 14 days of the accident. If you don’t, your insurance company has the right to deny any subsequent claim for PIP benefits.
The law doesn’t specify what type of doctor you need to see, which means almost any kind of medical care with a qualified health care provider could meet the requirement. For example, an emergency room physician, a primary care doctor, a chiropractor, or even a dentist would qualify. However, certain providers such as massage therapists or physical therapists are not listed in the specific law and its likely your insurance carrier will deny your claim if you only seek treatment from them. The important thing is to get to the emergency room, urgent care or make an appointment with your doctor to ensure your injuries are properly treated and you satisfy the 14-day rule.
PIP Payout Limits
When Florida amended the PIP law, it also limited what benefits are available under the policy. You must have a minimum policy amount of $10,000, but that doesn’t mean you are entitled to receive the full amount after an accident. Under the current PIP law, the amount of your maximum benefit will depend on the severity of your injuries.
You must seek treatment within 14 days, and you will be eligible to receive only up to $2,500 in benefits if you sustained non-emergency injuries. If your injuries fall under an “emergency medical condition,” then you could receive the maximum payout under your policy.
However, PIP only pays 80% of your medical bills, until your PIP policy is exhausted. Most people have PIP coverage of $10.
PIP also covers 60% of your lost wages, until your PIP policy is exhausted. If you are disabled and unable to work, then you would want to include a loss of earnings claim. Payment under this section also provides compensation for services you would normally do, such as cleaning your home, laundry, etc.
Your personal injury policy also includes a $5,000 death benefits, which will be paid if the policyholder dies in a car accident.
Contact a South Florida or Southwest Florida Car Accident Lawyer Today
It’s extremely difficult to fight a PIP denial on your own. Instead, let the experienced team of car accident lawyers at Weinstein & Cohen help.
At Weinstein & Cohen, we have more than 50 years of combined experience fighting for accident victim’s rights. Our experienced Miami and Naples accident attorneys at Weinstein & Cohen will put your priorities first. If you or someone you care about has been injured or involved in an accident across South Florida or Southwest Florida, contact the Miami and Naples personal injury lawyers at Weinstein & Cohen at 305-374-1011 or 239-793-3331, or visit fairnessforall.com for a free legal consultation to learn more about your options.
