car accident injury

Florida’s Law on Personal Injury Protection (PIP)

Florida’s Law on Personal Injury Protection (PIP)

The Florida legislature’s changes in Personal Injury Protection (PIP) law due to take effect on January 1, 2013 were passed under the guise of preventing insurance fraud, but in reality hurt multiple non-insurance groups in Florida, including some medical providers and especially injured motorists. The Personal Injury Protection (PIP) is a program offered in only a few states of the US. The aim of this program is to make sure that the people injured in accidents have access to immediate money for their treatment. Even though this amount is set to be $10,000 in the start, the insured has a 14 day window to seek care from a medical professional to access the full $10,000 amount. If the insured does not seek treatment from a medical professional, they would only be able to use up to the $2,500 amount.

Let us go through some of the Personal Injury Protection laws implemented by the State of Florida.

A notification of the insured rights

A form which will include the insured member’s right to their PIP benefits shall include information such as the benefits that the person receives from this program, the limitations on these benefits, and the due date of payments.

In addition to these, this form will also include any penalties over failure of payment including the rights that the involved parties have, in case there is any dispute regarding the benefits provided.

Application of No-Fault Law in Florida

According to the Florida Motor Vehicle No-Fault Law, an insurer must offer Personal Injury Protection as it is required by the law. In other words, this section is primarily concerned with the insured member’s coverage regarding the PIP law. It states that every motor vehicle insurer must provide the PIP benefits to each of its insured members.

The State also requires the policy holder to maintain the PIP insurance. In case a person fails to maintain it, then the State has full right to suspend that person’s driving license. Furthermore, the registration of that person’s vehicle will also be suspended.

Performance of another country or state

The PIP law of Florida states that certain information that is exempted from confidentiality can be disclosed to any other entity, be it a state, district, or a county. This will not require any request or even any copy of the crash report in case such information is needed by that particular entity in order to perform the duties that it holds.

Insurer’s right to reimburse

For instance, an insurer provides the Personal Injury Protection benefits on the private passenger vehicle of a person. Now if that person claims the PIP benefits as a result of an accident caused while he was inside a commercial motor vehicle, then the amount extended for the medical treatment (required as a result of that accident) can be reimbursed to the insurer.

The insurer also has the right to get the amount reimbursed if the accident is caused by a commercial motor vehicle while the insured member was not occupying a private motor vehicle.

Medical Benefits of PIP

According to the State of Florida, 80% of the expenses which include any surgical, chiropractic, rehabilitative, dental, nursing or X-ray services that are acquired within fourteen days of the accident will be paid by the insurer. These services also include an ambulance, in case it is necessarily required.

However, the insurer has the right to refuse coverage for the extended amount in case of any medical assistance that involves a physician, certain dentists, or a chiropractic physician in addition to several others.

If you have been injured in an accident learn your rights and call the Chiropractor Jacksonville FL residents trust for their injury needs (904) 644-7034.

car accident injury

Whiplash Injury Due to Motor Vehicle Accidents

There are a lot of different types of major as well as minor injuries that are caused by a motor vehicle accident. Whiplash is one of these kinds of injuries. It is caused when your head experiences a quick movement in either the forward, backward, or even sideways direction.

Whiplash injury can be caused by even the lightest of jerks from an accident. The thing about this is that not many people take it seriously. People often don’t go to a doctor after an accident, thinking it is just a muscle pain that will get better in a day or two. Unfortunately, ignoring this injury only makes it more severe. According to studies, most of the people claim to be suffering from whiplash even years after their insurance claims are settled.

Phases of whiplash

  • The first phase is the one where you get the whiplash by facing an accident. The back of your seat pushes you forward while your head goes in the opposite direction, creating a force on your neck.
  • The second phase is where your body has reached a greater acceleration than the car while your head is still in the opposite motion. This is the phase that is mainly responsible for most of the injuries related to whiplash.
  • In the third phase, your body starts losing the acceleration while your head is at its maximum acceleration. The application of the breaks slows your car down, making the neck injury even more severe.
  • The fourth stage of whiplash is one of the most damaging ones. Here, your body becomes stationary because of the seat belt worn whereas the head keeps moving forward freely. This forward motion of your neck results in the strained ligaments and muscles, torn fibers, and displacement of vertebrae. Even though this is severe, wearing the seat-belt saves you from far more damaging injuries by hitting your head against the steering wheel etc.

Symptoms of a Whiplash trauma

There are several different symptoms of a Whiplash trauma. Some of them are mentioned below.

Neck pain

Neck pain is the most common symptom when it comes to a whiplash injury. According to a study, ninety percent of the people who suffered from whiplash were undergoing pain in their necks. This pain moves from the neck to the shoulders and from the shoulders to the head, making every task very uneasy and painful to perform.

Headaches

The second most common symptom of whiplash injury is the headaches. The same study showed that eighty percent of the people suffering from whiplash reported severe headaches. It is not necessary though that headaches come as a result of whiplash only, they can also be a result of a brain injury.

Brain injury

People often think that a mild whiplash is nothing serious, which is completely untrue. Even a mild whiplash injury could result in a brain injury as a result of the phases of whiplash. This is because the forward and backward jerks cause the brain to hit the walls of the skull despite the cerebrospinal fluid protecting it. This could easily lead to bruising of the brain or any other type of damage.

If you have been injured in a Auto Accident in Orange Park or Jacksonville, call Spinal Injury Centers. Let us guide you through your treatment and let our network of Physicians help you through this traumatic time. Call us today (904) 644-7034.