Truck Accidents and PIP Claims in Florida: An Overview of the 14-Day Rule

Florida is a no-fault state for motor vehicle collisions, including semi-truck accidents. Your initial claim for an injury is through your own no-fault Personal Injury Protection (PIP) coverage. In some truck accident cases, that may be your sole claim. Notably, Florida has a strict 14-day rule for PIP claims. That rule makes it especially important to seek medical care right away for a truck accident injury. Otherwise, you could risk being denied compensation. Here, our West Palm Beach tractor trailer accident attorney provides a guide to the 14-day rule in Florida.

You Need to Seek Immediate Medical Care After a Truck Accident (Florida Requires It)

Any physical injury sustained in a truck accident should be evaluated by a medical professional as soon as possible. Seeing a doctor right away after a truck accident is crucial for your health, safety, and well-being. Beyond that, Florida’s no-fault motor vehicle injury rules make it important to seek medical care right away for legal reasons.

Under Florida Statutes § 627.736(1)(a), PIP medical benefits are available only if the injured person receives qualifying initial services and care within 14 days after the motor vehicle accident. If an injured person waits until day 15 or later to obtain initial treatment, the PIP carrier can deny medical benefits.

A Deeper Understanding: What qualifies as medical care for the purposes of Florida’s 14-day rule? Qualifying initial care may be provided, ordered, supervised, or prescribed by specified licensed providers, including physicians, dentists, chiropractic physicians, and certain advanced practice registered nurses. Emergency transportation and treatment can also qualify.

The 14-Day Rule is Different From the Emergency Medical Condition Requirement

Receiving treatment within 14 days preserves potential eligibility for PIP medical benefits, but it does not necessarily mean that the full $10,000 benefit limit will be available. Florida law separately distinguishes between injuries involving an emergency medical condition (EMC) and those that do not. Under Florida law, reimbursement for qualifying medical care may reach up to $10,000 when an authorized medical professional determines that the injured person sustained an emergency medical condition. If a qualifying provider determines that the claimant did not have an EMC, reimbursement for medical care is limited to $2,500 under most PIP policies.

Note: You should always refer to your specific policy to assess the available benefits.

PIP Benefits May Only Be One Part of Your Truck Accident Injury Claim

PIP generally provides first-party benefits without requiring the injured person to prove that the truck driver caused the collision. Florida PIP coverage can include payment of 80 percent of reasonable and medically necessary covered medical expenses, subject to the statutory limits. It can also provide disability benefits equal to 60 percent of covered lost income.

Your PIP claim may not be your sole claim. A serious tractor-trailer accident can produce losses far beyond available PIP benefits. Depending on the circumstances, an injured victim may also have claims against a negligent truck driver, motor carrier, cargo company, maintenance contractor, or another responsible party. Those liability claims are legally distinct from the PIP claim.

Call Our West Palm Beach Truck Accident Attorney Today

At Pike & Lustig, LLP, our West Palm Beach truck accident lawyer fights aggressively for justice. If you have any questions or concerns about Florida’s 14-day rule, we are here to help. Call us now to set up a free, no obligation initial appointment. With an office in West Palm Beach, we handle truck accident injury claims throughout South Florida.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html