Blog Post

30 July 2018

Personal Injury Revisited

As a chiropractor dealing with personal injury claims, I try to keep everyone updated on Florida Personal Injury Protection (PIP) laws.

I’ve been advocating the significance of the 14 day rule since its inception and the importance of receiving an Emergency Medical Condition (EMC) diagnosis if you are injured in a motor vehicle accident and require medical treatment.

There are still insured motorists that are unaware of these changes that became effective on January 1, 2013.

14 Day Rule

The 14 day rule requires that any injured victims as a result of a motor vehicle accident must seek medical treatment within 14 days of an accident. If you fail to do so within 14 days, your auto insurance will deny your claim.

This means that you will be forced to use your major medical health insurance or pay out of pocket.

Please always get checked/examined after being involved in a motor vehicle accident (MVA).

Emergency Medical Condition

An “emergency medical condition” is defined as a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention would reasonably be expected to result in any of the following: Serious jeopardy to patient health, serious impairment of bodily function or serious dysfunction of any bodily organ or part.

Why is an EMC diagnosis important?

Every insured motorist is required to carry $10,000 in PIP benefits. An EMC diagnosis allows the injured motorist access to the full $10,000 in PIP benefits for medical treatment. If an EMC diagnosis is not granted, the injured motorist is only entitled to $2,500 for medical treatment.

Uninsured Motorist

An additional point I’d like to discuss is the importance of carrying uninsured motorist coverage on your auto insurance policy.

Florida is notorious for uninsured motorists. Many drivers aren’t licensed at all to operate a motor vehicle.

If you’re involved in an accident with an uninsured driver, maintaining uninsured motorist coverage on your policy will provide you with additional resources when dealing with injuries or damages to your vehicle.

Please check with your auto insurance agent and review your policy.

Here To Help

If you, a family member or a co-worker has been involved in a motor vehicle accident and has suffered injuries, please do not hesitate to call with any questions or to schedule an appointment to get checked/examined.

 

Clearwater Sports & Wellness

2555 Enterprise Rd. #5

Clearwater, FL 33763

(727) 669-3900

www.drfranksessa.com

References:

1. Stat. 627.736

2. Stat. 627.727