Personal injury protection is a type of insurance that covers the insured person if they or their passengers become injured in a car accident. This insurance does not consider who was at fault for the accident. It simply covers any costs associated with the accident.
However, this insurance can pose a serious challenge for medical providers in certain instances. Medical practices need to understand what personal injury protection covers and what it does not.
If an insurance carrier refuses to pay a claimant’s benefits, Florida PIP Statute 627.736 permits you to collect your due compensation without having to pay any legal fees or charges. That’s correct: You will never pay a legal fee for us to represent you in a PIP case.
Read on to learn more about personal injury protection (PIP) as it affects your practice and your patients. Call our experienced attorney, Lyle Masnikoff, at The Law Offices of Lyle B. Masnikoff and Associates, P.A. at 877-817-4127 for additional information about any potential claims you may need to file on behalf of patients.
Personal Injury Protection Insurance (PIP)
Personal injury protection insurance covers medical bills, child care, death benefits, and lost wages while the injured party recovers. However, insurance companies have a wide range of tools at their disposal to limit the amounts of money they pay out to claimants.
The person with PIP coverage may be subject to a medical examination by the insurance company to verify their claim. Insurance companies have 30 days to declare their intent to investigate the claim and an additional 60 days to carry out their investigations.
As a medical provider, you also have some recourse against insurance companies holding up payment. In Florida, an insurance company must pay medical bills within a 30-day limit of the original submission. If the company fails to pay, your medical office can legally file a PIP claim.
Time Limit on Seeking Medical Treatment
Covered patients have 14 days from the day they were in the car accident to seek medical treatment from providers before PIP no longer covers the treatment. The time since the accident can be difficult to determine depending on the patient’s mental state and cooperation, but this is something to keep in mind.
Additionally, it is important to note that patients (accident victims) are entitled to up to $10,000 in PIP benefits for their medical care. There is no limit on the type of medical practitioner (outside of massage therapy or acupuncture) that PIP covers. Still, the covered person must seek treatment within the time limit to qualify.
Treatment Logs Are a Must
As a medical professional, PIP law requires you to keep a log of all of your medical treatments per patient. The insurance company is within its rights to request a patient’s log, and you must provide it within 30 days of the company’s initial request.
Statute of Limitations on PIP Claims
Medical offices should know and inform patients that if they consider filing a PIP claim, it is vital to note that Florida’s statute of limitations for PIP suits is five years. They must file their claim within five years of the filing date. Once they have decided to file a claim, their PIP attorney (should they retain one) will need to contact the insurance company.
In some cases, the issue can be resolved outside of court. The insurance company may have made a fixable mistake or clerical error. Suppose the insurance company refuses to solve the problem. In that case, the lawyer should immediately file a lawsuit on the patient’s or provider’s behalf to ensure that the case remains within the statute of limitations.
How Our PIP Attorneys in West Palm Beach Can Help
When insurance companies try to deny or restrict patients’ PIP benefits as covered under Florida PIP regulations, our law firm has the expertise and understanding to handle cases that represent medical providers or patients. Florida law requires insurance companies to explain their denial. That explanation helps our legal team decide whether it is worth the time to pursue the claim or not.
Many PIP attorneys will keep a share of any PIP benefits they get for their clients, which we believe is unethical. Because your clinic provided medical services to your patient, we believe that you are entitled to all of the PIP compensation we can obtain for you.
Instead, Florida Statute Section 627.736(8) and 627.428 regarding PIP claims states that the insurance companies have to pay for our legal fees, not the client. So when we win or settle a PIP suit for you, we collect our fees and costs directly from the insurance companies.
For a free consultation with “PIP lawyers near me,” call us at The Law Offices of Lyle B. Masnikoff & Associates, P.A. at 877-817-4127 or complete our online form. We serve clients throughout Florida with convenient locations in West Palm Beach, Fort Lauderdale, Orlando, Fort Pierce, Miami, and Port St. Lucie. Call Lyle—he’ll go the extra mile!
Copyright© 2022. Lyle B. Masnikoff & Associates, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Law Offices of Lyle B. Masnikoff & Associates, P.A.
Lyle B. Masnikoff & Associates, P.A.
543 NW Lake Whitney Place, Suite 106
Port St. Lucie, FL 34986