PIP Law Changes Benefits for Auto Accident Victims

Let us help remind you of the new bill recently

approved by the Florida Legislature and expected to be signed

by Governor Rick Scott in the upcoming days, will change

 the benefits automobile accident victims currently receive.

Currently, Personal Injury Protection (PIP) insurance pays

up to $10,000 in medical benefits to anyone injured in an

auto accident, regardless of who is at fault. The injured

victim is free to receive medical attention from any

medical provider and at any time after the accident.

As a result of the new bill, a car accident victim must

receive treatment within 14 days in an ambulance or

hospital, or from a physician, osteopathic physician,

chiropractic physician or dentist. They can receive the

$10,000 medical benefit only if a physician, osteopathic

physician, dentist, supervised physician’s assistant or

advanced registered nurse practitioner determines that

the insured has an “emergency medical condition.” If not,

the PIP medical benefit is limited to $2,500. Also, there’s

no reimbursement for massage therapy or acupuncture.

If an injury surfaces after the 14-day window, motorists

will have to seek medical treatment through their health

insurance, Medicaid or Medicare. The injured person may

also present a claim for injuries against the at-fault party

or through their Uninsured Motorist policy.

As a result of this new law, it’s extremely important that

when someone is injured in an accident to seek medical

attention immediately. Waiting for the pain to subside

or feel better eventually will only lead to a lack of PIP

benefits.

VICTIM OF A CRIME? KNOW YOUR RIGHTS

Negligent Security cases involve individuals that have been attacked and injured on a business owner's property, when the business owner is negligent of failing to provide proper security in the area. Contact a south florida attorney. The owner of a business property has a duty to protect a guest on the premises from a criminal attack that is reasonably foreseeable. The foreseeability of an attack is based upon the business owner's past experience that there is a likelihood of disorderly conduct which may endanger the safety of his patrons. Therefore, in other words, if management knew or should have known of a general or specific risk to individuals and failed to take reasonable steps to guard against that risk and because of that failure a person is injured due to an attack, the business owner may be held financially responsible for the victim's injuries.

In order to prove a negligence security case, a good source of information to show prior similar attacks would be to obtain police records. The police department assigned to the business property should keep records of every time they are called to the business establishment because of an alleged crime or assault. The department codes the calls and divides them into different categories such as burglary, larceny, vandalism, robbery, assault, stolen vehicle and other crimes. If it can be established that the business owner knew based upon past experience of a likelihood that their patrons would be endangered and attacked, and failed to implement proper procedures for the safety of their patrons, they may be held liable for negligent security and be responsible to the injured person for those injuries. Contact a south florida attorney.

Different ways that a business owner can protect their patrons would be to maintain proper lighting in the business establishment, and possibly even hire a security guard to patrol the area in an attempt to keep the area safe for their patrons. The more evidence of prior incidents of crimes at the business owner's property, the higher the likelihood that the business owner is going to be held liable for the victim's injuries. Along with the claim for negligent security, a victim of a crime may also make a claim through the office of the Florida Attorney General, Bureau of Victim's Compensation. The State of Florida through the Attorney General's office has set up a trust fund to offer financial assistance to victims of violent crimes who were injured as a result of a crime and are experiencing financial hardship. Contact a south florida attorney.

Help for the Injured: Your Legal Rights

RENTING A CAR AFTER AN ACCIDENT, WHO PAYS?
One of the major issues after an automobile collision is the renting of a substitute
vehicle while one’s car is being repaired. There are two ways to obtain rental coverage after an automobile collision.

The first thing in the event of a car accident is through one’s own automobile insurance policy. When a person buys automobile insurance, one of the coverages that can be purchased is “rental coverage”. Usually the rental coverage on one’s own policy will state a certain allowance per day for the rental
coverage for a limited amount of time. It is important that a person be aware of the limits
in coverage before renting a vehicle, and to try to obtain a rental vehicle within the
coverage limits in order to avoid paying any additional costs.

The second possibility is to obtain a rental vehicle through the at-fault driver’s policy. If a
person is in a motor vehicle collision which was not their fault, and the person that
caused the accident has property damage liability coverage, then the victim of the crash
is entitled to both payment for the repairs of their car and a rental vehicle.
When pursuing a claim for rental coverage against the at-fault driver’s insurance, the
victim of the crash is entitled to rent a vehicle “similar” to the vehicle that they own. This
means the at-fault driver’s insurance company will not pay for the rental of a Cadillac
Escalade, when the victim was driving a Toyota Corolla.

It is important that the victim contact the insurance company of the at-fault driver to
confirm that they accepted responsibility for paying the property damage claim and that
they are aware that the victim is renting a vehicle. Also, the victim should request that
the at-fault driver’s insurance company set up a “direct bill” with the rental car company.
This will allow the rental car company to submit the rental charges directly to the
insurance company of the at fault driver. Therefore, the renter will not have to pay first
and then wait to be reimbursed.

Another issue with reference to renting a vehicle is whether or not to purchase the extra
insurance offered by the rental car company. Please be advised that a person’s own
insurance company, in most situations, will cover the rental vehicle while the person’s
car is being repaired. Therefore, most of the time, a person who is renting a car does
not have to pay for the extra insurance if you already have automobile insurance for
your own car.

Please review your own automobile insurance company policy to confirm if your
personal automobile insurance covers you while you are driving a rental car. Also,
please be advised that, if you do decide to purchase the extra insurance with the rental
car company, the liability insurance company paying for the rental vehicle will not pay
for this extra expense, and you would be responsible for this additional cost.