Once again the insurance industry is working at convincing the legislature that major Personal Injury Protection (PIP) reforms are necessary in Florida in order to combat the mass amounts of existing fraud which would supposedly in turn reduce everyone’s insurance premiums. This is far from the first time the insurance industry has attempted to convince the law makers that the PIP statute needs to be substantially amended or even revoked completely.
Currently in Florida, every owner or registrant of a motor vehicle is required to carry PIP insurance for any vehicle operated on the roads and highways of Florida (subject to certain exceptions). This is the only type of insurance that is mandatory in Florida. Your PIP insurance will pay up to $10,000 in benefits for bodily injury, lost wages, or death resulting from a motor vehicle accident regardless of whether you were at fault.
The insurance companies are trying to convince you that there is so much fraud resulting from PIP and that is what is ultimately responsible for driving up the insurance rates in Florida. The National Association of Insurance Commissioners is suggesting that Florida should pass legislation involving 4 key elements which would be crucial in fixing PIP:
(1) Allowing a reasonable amount of time to investigate suspicious claims – i.e. give insurers the ability to deny claims unless doctors sit for examinations under oath
(2) Eliminate incentives for filing frivolous lawsuits by placing reasonable caps on attorney’s fees – i.e. having the cap on fees be based on the amount at issue in the Complaint without any bearing on the amount of time it may take to settle the case or the loops the insurers will put you through in the process
(3) Providing greater verification of clinics to ensure that services provided are legitimate- i.e. burdensome registration and inspection requirements for physicians and clinics
(4) Preventing fraudulent unnecessary treatment- i.e. capping the amount of treatment a person is able to receive in PIP coverage involving certain medical services
What would be the result of these reformations? Total control being placed in the hands of the insurance companies with no consumer protections available. These provisions would serve no purpose other than to add additional burdens on the physicians who are treating people with valid injuries, eliminate the ability to hold insurance companies accountable for wrongfully denying benefits, and eventually drive legitimate physicians out of business as well as attorney’s available to represent them. The government needs to focus on the real issues here and what the very unfortunate result would be to the people if total control gets placed in the hands of the insurance carriers!
For more information on PIP Suit Litigation or Personal Injury Protection in general, please contact Attorney Tara Kopp at LaBovick Law Group.
As a personal injury lawyer, I am frequently asked, “What happens if my dog bites someone?” In Florida, the answer is quite simple: according to Florida Statute § 767.04, “the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten.”
violent pug named Daisey. In fact, I don’t think I have ever seen Daisey upset. Nevertheless, if she bites someone, I am on the hook for the injuries she causes. Florida law is very different from other states. Many other states follow what is commonly known as the “one-bite” rule. In other words, each dog may be entitled to one free bite. Theoretically, the free bite lets the owner know their dog can be dangerous. Florida does not follow the “one-bite” rule. According to Florida law, the owner of a dog is liable for injuries regardless “of the former viciousness of the dog or the owners' knowledge of such viciousness.” Thus, even though my pug has never been aggressive, I may still be liable if she bites someone. 
.jpg)
.jpg)
