Understanding Florida insurance law’s specific rules and deadlines is crucial to protecting your rights after an accident. As a part of a broad, sweeping no-fault insurance law reform, Florida made some critical changes to personal injury protection (PIP) auto insurance law. One of them is the 90-day rule. In this blog, we have compiled the need-to-know information about some essential aspects of the Florida PIP insurance law.
Florida Insurance 90-Day Rule
After being involved in an accident, 90 days can go by in a flash when juggling medical appointments, returning to work, and daily obligations. You may wonder, What is the 90-day rule in Florida Insurance and why is it important?
Under the Florida insurance 90-day rule, a PIP carrier must either pay or deny your PIP claim within 90 days of receiving it. Failure to pay or deny the claim within 120 days creates an uncontestable obligation for the insurance provider to pay.
While this is the general rule PIP carriers must adhere to, some circumstances could allow them additional time. For instance, if the carrier suspects fraud, they may have extra time to investigate the claim before making a decision.
PIP coverage provides the policyholder certain benefits, such as medical treatment costs after an auto accident, regardless of fault. In other words, no matter who is responsible for causing the accident, you are still entitled to this coverage. This coverage can be vital to receiving necessary medical care and other benefits. Ensuring the auto insurance carrier accepts, processes, and pays benefits promptly is of utmost importance and is the main reason for implementing the 90-day rule. It puts insurance carriers on a short leash to ensure they do not unnecessarily delay or deny injured accident victim claims.
14-Day Accident Law for Insureds
While PIP benefits are generally payable regardless of fault, that does not mean the insured does not assume certain responsibilities. In addition to, or in conjunction with, Florida’s 90-day rule as applied to insurers, there is a 14-day rule that insured accident victims must abide by to have a successful claim. Specifically, anyone injured in a motor vehicle crash must seek medical care within 14 days of the accident and file a PIP claim. The 14-day rule requires accident victims to seek medical care and file their PIP claim within 14 days. Failure to do so may bar them from recovery.
Just as the 90-day rule is essential to ensure auto insurance carriers are timely processing claims, the 14-day rule is necessary to prevent frivolous injury claims. It ensures accident victims seek prompt medical treatment. In addition to your own well-being, it is essential to seek immediate medical care to establish a direct and causal relationship between the accident and your injuries. Delaying treatment can allow the insurance carrier to dispute the
validity of your injuries. For example, they may try to claim your injuries are the result of a pre-existing condition rather than caused by the crash.
If you do not receive medical treatment within 14 days, your situation is not hopeless. An experienced car accident attorney can assist you with your claim.
90-Day Residency Status Rule
Any individual who drives in Florida for more than 90 days out of a 365-day calendar year must purchase PIP and liability auto insurance in Florida. Notably, the 90 days do not have to be consecutive; any non-resident driver driving their vehicle within the state for 90 or more days out of the year is required to obtain PIP coverage, regardless of whether they are legally a Florida resident. Insurance can deny claims for property damage, medical benefits, and general liability if they find you have been driving your car in Florida for 90 or more days out of the year.
How Can an Attorney Help?
It is no secret that insurance companies want to pay out as little as possible for claims. They will try to find any reason to delay or deny your claim. An attorney can assist you with ensuring your claim is properly filed, negotiating with the adjuster, advocating for a timely decision, and pursuing legal action if the carrier fails to pay or deny your claim within the required timeframe.
A knowledgeable attorney will also ensure that you take all necessary steps to ensure prompt and fair payment.
Florida Personal Injury Lawyer
James Horne Law has advocated for car accident victims and their families for over a decade. Our experienced and knowledgeable team will work with you from beginning to end to ensure your claim is handled properly. An auto accident can change your life, and we believe you should receive the maximum compensation possible to help you recover and move forward with your life.
Contact us today for a free consultation to discuss your rights and options.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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