Florida Personal Injury FAQs | Rosenthal, Levy, Simon & Sosa

Personal Injury FAQs

Personal Injury Comparative Fault

‘Comparable fault’ law entitles you to some medical coverage

Q: I had a car accident which was partly my fault, but the accident report only says that I was responsible. I was taken to the hospital by ambulance before the office could question me about the accident. I am now being treated by a chiropractor. Last week my insurance sent me to their doctor to be examined, and today I was told they won’t pay for any more of my medical bills. I really need more medical treatment, but I can’t afford to pay for it myself. Would it make a difference if I fight the police report?

A: I’m sorry to hear about your car accident. Trying to handle these problems on your own is probably causing even more stress. This is a good question with multiple issues that need to be explained:

I urge you to speak to a personal injury attorney about these issues. Without assistance, you may lose the rights and benefits you need even if you are entitled to them.

Personal Injury PIP No-Fault Law

New PIP No-Fault Law will affect you

Q: I heard that the PIP Insurance rules have changed. How will this affect my family and me?

A: You are right. On January 1, 2013 a new PIP No-Fault was passed which significantly benefits insurance companies – at your expense. Florida is a “No-Fault” state where all drivers are required by law to carry Personal Injury Protection (PIP) Insurance. PIP is used to pay your medical expenses and lost wages when you are injured in an automobile accident regardless of who caused the accident.

As a result of the change, the hard-earned dollars you paid in premiums will not provide you with money or medical care when your need is most critical, unless you see a qualified physician within 14 days of the accident. Not only must you seek medical care within this time frame but your medical provider must also diagnose your condition as an Emergency Medical Condition, directly caused by your accident.

If you are involved in an automobile accident, we urge you to call us without delay so that we can guide you through this legal minefield and help you prevent costly mistakes. Protecting your rights is what we do. We are dedicated to providing you the justice that you deserve.