Florida's 14-day accident law is Fla. Stat. 627.736(1)(a). It requires you to receive initial services and care within 14 days after the motor vehicle accident, and if you do not, your personal injury protection insurer can refuse to pay the medical benefits altogether. An auto accident attorney in Florida can take the claim side while you deal with the treatment.
The deadline runs against the insurance benefit, not against your right to sue the at-fault driver, so missing it does not end the case. It does take $10,000 of no-fault coverage off the table and hand the other side an argument about when you were actually injured. If you have been hurt in a motor vehicle accident, the first step is the medical visit and the second is finding out what your own policy and the other driver's coverage reach.
What is the Florida 14-Day Accident Law?
Under Fla. Stat. 627.736(1)(a), personal injury protection pays medical benefits only if the injured person receives initial services and care within 14 days after the motor vehicle accident. Miss the 14 days and the insurer can deny the medical benefits entirely, including bills that would otherwise be covered by your personal injury protection plan in Florida.
The statute is specific about who counts for that first visit. Fla. Stat. 627.736(1)(a)1. lists a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a chiropractic physician licensed under chapter 460, and an advanced practice registered nurse registered under Fla. Stat. 464.0123. Care provided in a hospital, or in a facility that owns or is wholly owned by a hospital, also counts, and so does emergency transportation and treatment by a provider licensed under part III of chapter 401. A visit to a massage therapist or an acupuncturist does not start anything: Fla. Stat. 627.736(1)(a)5. excludes massage therapy and acupuncture from medical benefits outright.
The rule is in Fla. Stat. 627.736(1)(a), Florida's personal injury protection statute.
Additionally, if you do not seek medical care within these 14 days and you choose to file an auto accident injury claim against the other driver, it may make the case much more difficult to win in court. Not seeking medical care for an extended period leaves the question of when and how badly you were injured with both an opposing lawyer and a judge. It could hurt your chances of receiving a settlement.
What to Do if You Are in an Auto Accident in Florida
Fourteen days is the outside limit, not a target. Many crash injuries do not present at the scene, and any gap between the crash and the first visit is the first thing an adjuster points to when arguing the injuries came from something else.
When a person is involved in a traumatic event such as an auto accident, they often go into shock. Adrenaline pumps through the body, which lessens the amount of pain that you feel at that exact point in time. You may feel okay when you are at the scene of the accident, only to realize over the next few days that you are injured.
Because symptoms surface late, the safe move is to be seen the same day rather than spending the 14 days waiting to feel worse. If possible, go to urgent care or the emergency room immediately from the scene. You may also request medical attention from an EMS team at the scene to be evaluated on-site.
All of this information will be critical in fighting your case for an auto accident injury claim in court. The sooner you seek medical care, the better, as it provides stronger evidence that your injury is a direct result of the accident.
Additionally, make sure that the police are contacted and that a report is filed with the department. Your lawyer will need this information at a later time.
Personal Injury Protection Insurance in Florida
Personal injury protection is part of the security every Florida vehicle owner has to carry. Fla. Stat. 627.736(1) sets the limit at $10,000 in combined medical and disability benefits, plus $5,000 in death benefits. That $10,000 is a ceiling on what the policy pays, not a figure your benefits are calculated from. Fla. Stat. 627.736(1)(a) pays 80 percent of reasonable expenses for medically necessary care, and Fla. Stat. 627.736(1)(b) pays 60 percent of lost gross income and lost earning capacity.
Once the 14-day deadline is met, how much of the $10,000 is available turns on one determination. Fla. Stat. 627.736(1)(a)3. allows reimbursement up to $10,000 where a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464 has determined that the injured person had an emergency medical condition. Fla. Stat. 627.736(1)(a)4. caps reimbursement at $2,500 where a provider determines there was no emergency medical condition.
Notice who is missing from the second list. A chiropractic physician can provide the initial care that satisfies the 14-day rule under Fla. Stat. 627.736(1)(a)1., but is not one of the providers who may determine that an emergency medical condition exists under Fla. Stat. 627.736(1)(a)3. If chiropractic care is the only care you get, the claim stays capped at $2,500.
It's common that medical bills, especially ones that result from injuries requiring long-term treatment such as back and neck problems, may exceed this amount. For this reason, it is imperative that you hire a Florida personal injury attorney experienced in auto accidents to help you file a personal injury claim.
Filing an auto accident personal injury claim is a way to bring a civil suit against the other driver to receive the full compensation that you deserve. A settlement may cover lost wages, damages incurred to your vehicle or property, as well as compensation for pain and suffering.
You can file an auto accident injury claim even if you have received a payment from an insurance policy with personal injury protection in Florida. Do not let the other driver or their insurance company attempt to tell you otherwise.
What to Do if an Insurance Company Denies a Personal Injury Claim
Sometimes, insurance companies deny personal injury claims. They may state that you have failed to provide sufficient documentation of your accident, injury, and treatment. Or, they may try to make the other driver's insurance company make the payment. Either way, you are entitled to fight back and get the compensation you deserve.
Whenever you submit a claim to an insurance company, an insurance adjuster will evaluate the number you are asking for to decide whether it is fair or if the company should make a counteroffer for less. Often, insurance companies try to pay as little as possible or even fully deny your claim. This is why you want a lawyer fighting on your behalf so the insurance companies cannot take advantage of your situation.
If they deny your claim, they must give you written notice as to why they are doing so. Make sure that all correspondence regarding auto accident injury claims is documented in writing. You may need to present this to your personal injury attorney later.
Remember, just because an insurance company denies your claim does not mean that you are unable to file a personal injury claim. You should hire an attorney as soon as possible after the accident to help guide you through the process of navigating the insurance system as well as seeking compensation from the negligent party.
What to Do if an Insurance Company Refuses to Pay a Claim
Unfortunately, insurance companies do sometimes refuse to pay a claim that has been filed. Again, they must provide you with a written explanation of their refusal with supporting arguments. Your insurance company and the negligent driver's insurance company may be in a battle over who should pay for the claim.
A refusal to pay is frustrating when filing an auto accident injury claim, especially if you have followed the Florida 14-day accident law.
If an insurance company refuses to pay for a claim, you have several options. First, make sure that you have an expert auto accident attorney in Florida on your side to fight for your rights. You may take the insurance company to small claims court, legal mediation, or file a lawsuit against them to seek a settlement.
Take Action Today
If you were hurt in a crash, get seen now rather than waiting to see how you feel in a few days. Fla. Stat. 627.736(1)(a) makes initial services and care within 14 days after the accident a condition of PIP medical benefits, and the statute contains no extension for a person who felt fine at first.
Additionally, the more promptly you receive services and care, the better your auto accident injury claim will fare in court.
Speak privately to an experienced auto accident lawyer in Florida for a free, no-obligation case evaluation.
Our free personal injury settlement calculator gives a rough range for pain and suffering damages. It is an estimate to start a conversation, not a prediction of what any particular case is worth.
