by Michael T. Gibson
A Significant Victory for Florida Auto Accident Victims
A Tallahassee Judge has issued a temporary injunction for substantial portions of the New Florida PIP Law, HB 119, which took effect in part last July and in January of this year.
In a detailed 7-page order, Judge Terry P. Lewis of the Circuit Court of Leon County Florida, found that certain aspects of the new law violates Floridians’ constitutional rights to open access to courts. Specifically, the order temporarily suspends the requirement that an Emergent Medical Condition be found as a prerequisite for the payment of full PIP benefits. It also suspends the provisions of the new law that would have prohibited payment to acupuncturists, chiropractors and massage therapists.
The Order is only a temporary injunction, meaning it is only in place until a final trial on the full case is held. Still, this is a significant victory for Florida accident victims, consumers and medical providers, especially those who service Florida auto accident victims.
The Office of Insurance Regulation, who is the named defendant in the lawsuit, has already appealed the order to the First District Court of Appeals. A hearing is pending on the effects of the injunction during the pendency of the appeal.
It is important to note that nothing in this injunction changes the requirement that Florida accident victims must get medical care and treatment within 14 days of the accident date. That portion of the law thus remains in full effect and accident victims must be sure to seek care within the first 14 days following a car accident to receive any PIP benefits.
While the long-term effects of this injunction are sorted out by the Courts, one thing that is certain to happen is that the Florida Legislature is sure to revisit what to do with our PIP auto insurance laws. Specifically, the Senate Banking and Insurance Committee, chaired by Senator David Simmons of Maitland, is considering getting rid of PIP for Mandatory Bodily Injury Coverage.
Given that I believe that Judge Lewis’ order is a preview of many more Court orders to throw out the New PIP law, and given the significant rate reductions found in other states that have moved from PIP to BI, I believe the move is in the best interest of Florida drivers and consumers, and I support Senator Simmons in his efforts to make this necessary change.
Michael T. Gibson is an Auto Accident Attorney in Orlando. He can be reached at # 855-942-8639 or find him HERE.
