Florida lawyer, Guy S. DiMartino, explains the recent ruling enjoining Florida's 2013 PIP (personal injury protection) law.
Florida's no-fault law underwent another overhaul in 2013, which included:
- 14–day requirement to qualify to PIP benefits
- $2,500 benefit unless the patient has an “emergency medical condition”
- Doctors of chiropractor are not allowed to certify emergency medical conditions
- No massage therapy benefits
- No acupuncture treatment
A chiropractor in Leon County filed a lawsuit challenging the law on a number of theories and seeking a temporary injunction. An injunction would temporarily stop the law from going into effect.
On March 15, 2013, Leon County Circuit Court Judge Terry P. Lewis entered the temporary injunction issuing a seven page order. Judge Lewis believed the new PIP law runs afoul of Article I, Section 21 of Florida's Constitution also known as the open access to the courts provision.
The insurance commissioner will be appealing the matter and the state legislatures who were in favor of the law have already threatened to do away with the no-fault law all together. I do not know what the future will bring but for the immediate future folks who are injured in car accidents will be able to get the medical care they deserve.
If you have any questions about Florida's no-fault law or a car accident, don't hesitate to give me a call on my cell phone at (352) 267-9168 or fill out the internet consultation form on the right side of the screen.