Florida Auto Insurance Law Is A Mess

Last week, I had the honor of being a keynote speaker at a seminar on the current status of Florida Auto Insurance Claims. The seminar was for healthcare professionals who treat accident victims. As I started out the night explaining, this is the easiest presentation to give, because there are no answers right now to anyone’s questions as to what exactly the law really is. Here is why.

If you have followed my column, you know now that a Judge in Tallahassee, Florida granted a temporary injunction against major provisions of the New Florida PIP law, known as HB 119. The injunctions throw out caps on treatment and requirements that the insured have an emergent medical condition to get their full $10,000 in PIP. The trial judge has already once re-affirmed the injunction, and, recently, the First District Court of Appeals did the same. Thus, you would think that the insurance industry would honor it. Right?

Well, that is what would actually make sense, and in the insurance world, nothing ever seems to make sense. Despite the clear mandates of the injunction, it was announced last week that Progressive Auto Insurance is going to deliberately ignore the same. Progressive feels that the injunction is not effective against any insurer directly, as a State Agency is the named defendant in that case. Yet, State Farm, who controls approximately half of the auto insurance market in Florida, has taken the direct opposite position, and is following the injunction. I can do even wackier. Geico never seemed to enforce the emergent medical condition issue, until after the injunction. Yes, a court said do not do this, and then they changed course and started doing just that. In the words of my son’s favorite bed-time story, “It boggles my mind.” Even better, the State is continuing their appeals of the injunction and the litigation that brought it about. They have no specific position on its effects, only that it is temporary and should be overturned. Governor Scott has made it clear that he wants HB 119 to stand, and will see it through in the courts. Of course, there must be no better uses of tax payer funds then to make sure that insurance companies do not have to pay what they contracted with you to pay for.

So, while no insurer, or the State of Florida, or lawyer for that matter can agree on the current status of Florida auto insurance law, one thing I believe we can all agree on is, it is an absolute mess. Things will only get worse, as the decisions of Geico and Progressive, will likely lead to a flood of PIP litigation in the coming months. That will likely lead to carriers increasing rates for the second consecutive year, despite PIP reform. And all of that, should finally lead back to where this mess began – Tallahassee and our Legislature.

Let’s hope they get it right next time.

Michael T. Gibson is an Auto Accident Lawyer in Orlando. The law firm of Michael T. Gibson can help you obtain compensation for medical treatment, loss of wages, pain and suffering, etc. that you have incurred as a result of a car accident. Call 407-422-4529 or visit the website at www.autojusticeattorney.com.