Seek Immediate Medical Treatment After an Accident

PIP (personal injury protection) insurance benefits is required to be purchased by everyone who owns a vehicle in the state of Florida. The law requires that at a minimum, $10,000 of benefits be purchased in PIP coverage. PIP is a first-party medical coverage and will help cover your medical expenses, lost wages, and even can be used to reimburse you for things like lawn care, housekeeping and other things losses that result from an accident no matter who is at fault for the accident.

These benefits are not without limitation.  If you do not seek medical attention right away for your injuries, you risk getting disqualified for receiving these benefits.   After an accident, people who have no visible injuries tend to make a decision to forgo going to the emergency room. Even when soreness begins to set in, many people put off going to the doctor and assume the pain will get better on its own. Injury and soreness to the neck or back rarely resolves itself without some sort of therapeutic medical treatment.  The decision to forego immediate medical attention can have significant consequences.  Under current Florida law, you are only entitled to PIP medical benefits “if the individual receives initial services and care…within 14 days after the motor vehicle accident.” Fla. Stat. Ann. § 627.736(1)(a).

Another nuance to the Florida PIP statute is that in order to collect the full $10,000.00 benefit, a medical provider must determine that you have what’s called an “emergency medical condition” (EMC).  An EMC is described as a condition where the lack of immediate medical treatment may put the patient’s health in serious jeopardy.  According the statutes, only certain medical providers can declare an emergency medical condition.  Providers such as physicians, osteopathic physicians, dentists, physician’s assistants and advanced registered nurses can declare an EMC. Chiropractors are not listed and cannot declare an EMC. If you seek treatment within fourteen days of your car accident but do not obtain an EMC, your coverage may be limited to $2,500.00 pursuant to the dictates of the statue.

If you are in an accident and believe at any point in the future you may need to be treated for injuries, you must seek treatment within fourteen days of the accident and should seek treatment from a medical provider who can declare an EMC and qualify you for all of the benefits that you pay for with your insurance premium.  As a matter of best practice, it is a good idea to get checked out by a physician after any accident to rule out any type of life threatening medical conditions. 

If you have any questions about the complexities of the PIP statute, our lawyers will be happy to provide a free consultation and address any concerns you may have regarding these important benefits you have available to you.