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No Fault Accidents

The No-Fault provision of Florida law is essentially an agreement between insurance companies and Florida lawmakers. Florida is among about a dozen states that still have some version of a no-fault law on the books.

Fort Lauderdale auto accident Attorney David I. Fuchs urges those involved in a collision to seek the advice of an experienced personal injury law firm. Consultation is free and attorney fees are paid only when a successful recovery is made on a victim’s behalf. Even when dealing with your own insurance company, your rights are otherwise unprotected.

Florida’s no-fault law requires drivers to carry Personal Injury Protection (PIP) in the amount of $10,000, which historically has been paid to provide for the first $10,000 of medical expenses –including physical and massage therapy, and chiropractic care — regardless of who was at fault for a collision. Fort Lauderdale accident attorneys explain that the law’s intent was to reserve personal injury or wrongful death claims against the at-fault party for those cases in which permanent or fatal injury is suffered by an accident victim.

Since this is always the first $10,000 paid in an accident claim, regardless of who is at fault, insurance companies spent several decades lobbying Florida lawmakers to pass restrictions on how the funds could be used by insured motorists and their physicians. The amount was established in 1972 and is now hopelessly antiquated – you can spent $10,000 on your way to the hospital in an emergency squad.

Unfortunately, instead of increasing the cap in 2012, Florida lawmakers passed a sweeping set of restrictions that make it more important than ever to immediately seek the advice of an experienced Fort Lauderdale accident attorney in the immediate aftermath of a traffic collision.

Florida PIP Changes – Legal Advice After a Collision

After years of blaming Florida’s no-fault law for staged accidents and healthcare fraud, lawmakers passed the industry’s wish list through the Florida legislature.

Among the changes:

  • Only those diagnosed with an “emergency medical condition” within 14 days of the accident will be eligible for up to $10,000 in covered care – everyone else will face a new limit of just $2,500 for all medical expenses related to the accident.
  • Chiropractors face new limits on covered care and some medical procedures, such as massage therapy and acupuncture, are no longer covered.

“Floridians are in for a rude awakening,” Florida Consumer Action Network spokesman Bill Newton said. “Instead of measures aimed at preventing true fraud, we’re left with a bill that pads the pockets of big insurance companies.”

You would think that our elected lawmakers, whose sole job is to look out for the well-being of Florida taxpayers, would have at least secured rate reductions in exchange for preventing all this reported fraud. Unfortunately, you would again be disappointed.

The legislation requires a 25 percent reduction in PIP premiums by 2014, but permits companies to petition for an exclusion. Fort Lauderdale accident lawyers warn that, since PIP premiums only account for about 10 percent of your monthly insurance bill, the promised savings amounts to just a few dollars a month.

Your Insurance Company after a Traffic Collision

The truth of the matter is your insurance company is not on your side once a claim has been filed. Whether dealing with a PIP claim or filing an uninsured or underinsured motorist claim, an experienced personal injury law firm is best able to ensure your rights are protected. Insurance companies are worried about their bottom line. It’s incumbent upon you to look out for the financial well-being of you and your family.

At the Law Offices of David I. Fuchs you will find a Fort Lauderdale injury attorney who has devoted his entire career to seeking justice for injury victims and their families. An aggressive, experienced, personal injury attorney, who works alongside clients to build cases capable of winning the justice they deserve.

Types of Cases We Handle