Florida Civil RICO Lawsuit: Geico Seeking $6 Million In Damages For Alleged PIP Fraud
According to a report from Law.com, Geico is seeking $6 million in damages in a civil RICO lawsuit in Florida. The multi-billion dollar insurance company alleges that several defendants carried out a fraud scheme related to Personal Injury Protection (PIP) coverage. In this blog post, our Miami RICO claims lawyers offer a more comprehensive review of the allegations and legal issues in this case.
Florida Requires Motorists to Carry Personal Injury Protection (PIP) Coverage
Florida is a partial no-fault insurance state for motor vehicle collisions. As explained by the Florida Office of Insurance Regulation, drivers are required to maintain a $10,000 Personal Injury Protection (PIP) policy. In effect, a PIP policy will cover the initial $10,000 of a motorist’s medical bills after an accident—regardless of who was at fault for the crash. As one of the nation’s largest insurance companies, Geico is also one of the most prominent PIP insurance carriers in Florida.
Allegations: Complex Fraud Scheme Targeting PIP Insurance Coverage
Geico filed its complaint in the United States District Court of the Middle District of Florida. The insurance company cited a number of different defendants in the civil RICO lawsuit. The primary named defendant is Best Care Medical Group, a health care provider based in Egypt Lake-Leto, Florida. In effect, Geico contends that the Tampa area health provider and the other named defendants engaged in a fraud scheme centered on unnecessary medical procedures—and thus improper billing—of its PIP policies.
What You Need to Prove to Prevail in a Civil RICO Lawsuit in Florida
Civil RICO litigation is notoriously complex. It provides a potentially powerful remedy for consumers, businesses, or organizations that suffered tangible financial losses due to racketeering activity. Through a successful civil RICO claim, a plaintiff can recover compensation worth three times their actual financial damages (treble damages). At the same time, it is challenging to prove liability in a civil RICO case. Proving mere fraud—or other commercial misconduct—is not sufficient. A civil RICO plaintiff must prove all of the following:
- The defendant(s) acted as part of an “enterprise”, formal or informal;
- There was a pattern of racketeering activity; and
- Actual financial losses were suffered due to the RICO violation.
To prevail in court, Geico will need to prove that the defendants formed an intentional formal or informal enterprise with a purpose of defrauding the insurance claim through false PIP claims. If you are considering filing a civil RICO lawsuit, it is imperative that you have a well-supported case.
Set Up a Confidential Consultation With a Civil RICO Litigation Attorneys
At Pike & Lustig, LLP, our Florida civil RICO litigation lawyers are dedicated to providing the highest level of client service and legal representation. If you have any questions about state or federal civil RICO claims, we are here as a resource. Call us now for a private, no commitment appointment with an attorney. Our commercial litigation firm serves communities throughout all of South Florida, including in Miami-Dade County, Broward County, and Palm Beach County.