Florida is a no-fault state. You've heard it before, but do you really have any idea what it means as it relates to you and your auto insurance? If you're not certain what it means, you can rest easy because you are certainly not alone. If you or someone you love has been injured in a auto accident in Fort Lauderdale or anywhere else in Florida, this information will come in very handy. Let our auto accident attorneys at give you some of the basics:
Florida is one of just a handful of states that have personal injury protection (no-fault) auto insurance. The idea in Florida was to provide injured drivers up to $10,000.00 in immediate medical coverage rather than establishing fault through the court system. The goal was to reduce payment delay for injured drivers, as well as limit the utilization of the court system. In Florida, PIP coverage is required to be purchased by all owners of motor vehicles registered in this state. PIP coverage makes the individual responsible for their own injuries in an accident regardless of fault.
To say Florida is a "no-fault state" means that your car insurance will cover your medical costs if you are injured in a car accident regardless of who is actually at-fault for the accident vis-a-vis PIP benefits. PIP is an acronym for Personal Injury Protection. If you own a vehicle with at least four wheels and are registering it, you must carry PIP insurance. PIP injury protection benefits are detailed in Florida Statute 627.736.
IN THE CONTEXT OF FLORIDA PIP INSURANCE, WHAT IS AN EMERGENCY MEDICAL CONDITON (EMC)?
Florida PIP Statute §627.732 defines an EMC in this manner:
An “emergency medical condition” is defined as a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention would reasonably be expected to result in any of the following:
Serious jeopardy to patient health
Serious impairment of bodily function
Serious dysfunction of any bodily organ or part
That is the extent of the statutory definition of EMC. There is no specific list of injuries that meet these criteria, only a general guideline by which qualified medical personnel can identify when an EMC exists.
Knowing precisely what type of injuries or medical trauma will be classified as an EMC is at best imprecise and open to the interpretation of medical professionals and the Court. Speak with an experienced Florida attorney at our firm today.
Call TOLL-FREE 844.380.HURT TODAY FOR QUESTIONS ABOUT THIS ARTICLE!!!
PIP insurance coverage also provides:
Reimbursement for medical care and treatment is awarded up to $10,000 if a qualified medical provider has determined that the injured person had an emergency medical condition. Any EMC coverage must be specifically related to the diagnosed conditions. (within 14 days).
Reimbursement for medical care and treatment is limited to $2,500 if a provider determines that the injured person did not have an emergency medical condition.
If you or anyone you know has been injured in a auto accident anywhere in Florida, or if you simply have questions about this article, please do not hesitate to call our South Florida Auto Accident Attorneys today at 844.380.HURT. WE ARE ALWAYS IN YOUR CORNER...