What is Florida’s 14 Day Rule (No-Fault Claims in Truck Accidents)
Florida has a no-fault insurance law for motor vehicle collisions, including for commercial truck accidents. That means your initial claim (and, in some cases, your only claim) is through your own Personal Injury Protection (PIP) policy. There is a 14-day rule for PIP claims in Florida. You must seek medical care within 14 days of a crash to be eligible for PIP benefits. In this article, our Miami semi-truck accident attorney explains the key things to know about the 14-day rule in Florida.
Background: PIP Insurance and Truck Accident Injury Claims in Florida
A key point to understand about Florida law is that the state operates under a no-fault standard of liability for motor vehicle accident claims. The law (Florida Statutes § 627.736) requires injured victims to look first to Personal Injury Protection (PIP) coverage for medical expenses and limited wage loss after a motor vehicle collision regardless of fault. PIP policies generally provide up to $10,000 in benefits for covered medical care and wage loss. PIP typically covers 80 percent of reasonable medical expenses and 60 percent of lost wages. Truck accidents fall within this system when they involve a motor vehicle covered by Florida’s no-fault law. Indeed, the fact that a commercial vehicle was involved in the crash does not eliminate PIP requirements.
An Overview of Florida’s 14 Day Rule
PIP claims for commercial truck accidents are very much time-sensitive. Florida set a strict timing requirement for access to PIP benefits. An injured victim must obtain initial medical services and care within 14 days of the crash. The failure to seek treatment within that window bars recovery of PIP benefits. To be clear, that is true even if the injury later proves significant. Delayed symptoms do not excuse noncompliance. An injured victim who waits more than two weeks loses access to PIP entirely. You do not want to miss out on your rights.
Takeaway: You should get immediate medical care after a truck accident in South Florida. Not only for medical records, but also because there is a 14 day rule for PIP claims.
You Can Always Bring a Fault-Based Claim for a Serious Truck Accident Injury
Hurt badly in a truck accident in Florida? You may have a fault-based claim in addition to your PIP claim. Florida’s no-fault system does not eliminate fault-based liability claims. An injured victim may pursue a fault-based claim against the at-fault driver or trucking company if the injuries meet the statutory threshold set forth in Florida Statutes § 627.737. In other words, if you have a “serious” injury, you can bring a fault-based claim against a negligent trucker, truck company, or another negligent party. Qualifying injuries include significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
Even if your primary claim is a fault-based claim, you should still get medical attention right away after a bad truck wreck. The 14-day rule still matters. The failure to obtain timely care can undermine both PIP eligibility and the evidentiary foundation of a liability claim. Even seemingly small gaps in treatment could give insurers an opportunity to argue that the injuries were not caused by the crash or were not serious.
Speak to Our Miami Truck Accident Lawyer Today
At Pike & Lustig, LLP, our Miami semi-truck accident attorney is an aggressive advocate for justice. If you have any questions about the 14-day rule, we can help. Give us a call now for a free, no obligation case review. We have an office in Miami, West Palm Beach, and we handle truck accident claims throughout South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=display_Statute&URL=0600-0699/0627/Sections/0627.736.html
