Tips on Legal Rights of Florida Accident Victims

Legal Rights of Florida Accident Victims

If you have been involved in an accident, it is important to know that you have the right to choose where you receive treatment. If your injury is a result of someone else’s negligence, you may be entitled to compensation for medical expenses, including medical care, chiropractic care, and physical therapy. You do not need a referral to seek medical treatment from a dedicated team that offers individualized care using a variety of medical therapies. Your treatment decisions are ultimately up to you, and no one should pressure you into making choices about your medical care. Dr. Deryk Harting, a chiropractor at one of the highest rated auto injury medical care facilities in the Tampa Bay area, cautions you to make sure you understand your personal injury coverage. Find out your rights. Consult your insurance carrier and if in doubt, consult an attorney.

-What is Florida’s no-fault personal injury PIP coverage?

Pursuant to Florida no-fault law (a.k.a. personal injury protection or “PIP” coverage) – every owner or registrant of a motor vehicle must have “PIP” coverage up to a minimum of $10,000.

-How do I claim my benefits?

In order to obtain personal injury protection PIP medical benefits and/lost wages, initial medical treatment must be obtained within 14 days from the date of the accident. If you do not seek treatment within this critical time period, you may lose your right to obtain the PIP coverage that you are entitled to. The effective date of your policy may determine if this 14-day window is applicable.

-Where do I go?

Your initial care must be provided by MD, DO, chiropractor, dentist, hospital, or by emergency personnel. Make sure to notify your physician if you were treated at the scene of the accident by an EMT or paramedic. Make sure you inform your physician on your initial visit of every complaint you have had since the accident from the top of your head to your toes. Do not wait to seek medical care. Oftentimes injuries can manifest themselves for several days after an accident actually takes place.

-Are there exceptions?

Total medical benefits owed by your PIP carrier may be limited to $2500 (even though you purchased $10,000 worth of PIP coverage) if you are not diagnosed with an emergency medical condition “EMC” by certain specified types of medical practitioners. Only an MD, DO, dentist, PA, or ARNP can diagnose an EMC. Some specific types of therapy are also not covered. For example, massage therapy and acupuncture are not covered services.

-Be aware of EUO and IME letters from your insurance company.

PIP carriers are specifically authorized to take an examination under oath “EUO” as a condition for receiving benefits. They can also schedule an independent medical examination “IME” to assess your injuries to determine if further care is medically necessary and related to the motor vehicle accident. It is very important that you attend either of these examinations as a failure to appear could result in your PIP benefits being terminated.

In March 2023, Florida passed legislation which significantly impacts personal injury cases. The law reduces the statute of limitations from 4 to 2 years, limiting the time to file a lawsuit. It also affects medical cost claims, preventing plaintiffs from seeking more than what health insurers or Medicare/Medicaid paid. The most significant change involves comparative fault where plaintiffs cannot recover damages if they were over 50% responsible for the incident. For example, in a car accident an intoxicated victim might receive no compensation even if the other driver was at fault. The law also affects motorcyclists engaged in lane splitting, pedestrians jaywalking, bicyclists violating traffic laws, and individuals disregarding warning signs such as “do not enter” signs in a store or restaurant.

— This article is written by Deryk Harting, DC, one of the members of Chambers Medical Group’s team of car accident chiropractors who offer a variety of treatments and therapies ranging from diagnostic testing to various soft tissue therapies for car accidents and injuries in Florida.

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Have you been in a car accident? If you or somebody you know has been in a car accident, be sure that you seek medical attention from a car accident doctor or car accident chiropractor to treat your injuries. Visit Chambers Medical Group  to receive world-class medical treatment for your injuries.

Chambers Medical Group has car accident medical clinics in the following locations:

• Car Accident Medical Clinic in Tampa
• Car Accident Medical Clinic in Plant City
• Car Accident Medical Clinic in Brandon
• Car Accident Medical Clinic in Lakeland
• Car Accident Medical Clinic in Sarasota
• Car Accident Medical Clinic in Louisville
• Car Accident Medical Clinic in Lexington
• Car Accident Medical Clinic in Florence