The 14-day accident law in Florida requires anyone who makes a Personal Injury Protection (PIP) insurance claim to seek medical treatment within 14 days of the motor vehicle accident they were involved in.
This rule is critical for car accident victims to understand because failure to get treatment fast enough could prevent someone from receiving vital early coverage for injury-related expenses like medical bills and an inability to work.
Understanding the 14-Day Accident Law
The 14-Day Accident Law went into effect in 2013 and was established under Florida Statute 627.736. The basic requirement of the law is that anyone claiming PIP coverage must have initially gotten medical treatment within 14 days of the motor vehicle accident.
It is important to seek medical care for accident-related injuries within the first two weeks. You can go to your doctor, a local clinic, the emergency room, or other valid types of medical care. Remember that this initial treatment is required by law to receive coverage for your injuries. Additionally, you are allowed to continue seeking treatment after the initial two-week period and still receive coverage.
Coverage Provided Under PIP
PIP will cover 80% of your accident-related medical expenses as long as they’re determined to be “reasonably incurred.”
It will also cover:
- 60% of income lost because of the accident
- $5,000 in death benefits
Most PIP policies cap out at $10,000 and claimants can only receive that much coverage if their treatment was for an emergency medical condition, as determined by a qualified medical care provider.
Who’s Covered Under PIP?
Florida Personal Injury Protection covers the policyholder and other individuals in various circumstances.
PIP covers the policyholder when:
- They’re legally driving any motor vehicle
- They’re a passenger in someone else’s vehicle
- They’re hit by a motor vehicle while walking
- They’re hit while on a bicycle
PIP also covers the policyholder’s:
- Children (including while they’re riding a school bus)
- Household members
- Vehicle passengers (if they don’t have their own vehicle and don’t have PIP insurance)
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What Kinds of Accidents Does The 14-Day Law Apply To?
Florida’s 14-day law applies to motor vehicle accident injuries. In the state of Florida, a motor vehicle is defined as “any self-propelled vehicle…not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles.”
Types of motor vehicles include:
- Automobiles
- Trucks
- Buses
- Motorcycles
- Trailers
- All-terrain vehicles
- Off-road vehicles
The Importance of Following the 14-Day Law
It’s essential to seek medical attention within 14 days of an accident not just to ensure you get PIP coverage, but for your own health. Many people are more hurt than they realize after an accident, and getting prompt treatment can prevent additional complications or even save their lives.
Triple board-certified attorney Tommy Roebig advises, “Whether you’re seeking PIP coverage or another type of car accident claim, getting treatment as soon as possible is critical to your success. Insurers and opposing lawyers are bound to question why you took so long to seek treatment if you had serious injuries. They’ll likely use your late treatment to question the extent of your injuries and lower your compensation amount.”
If you have questions concerning your Florida car accident and whether you qualify for PIP or alternative car insurance claim, don’t hesitate to reach out to the legal experts at Florin|Roebig with a free case evaluation. Our law firm has been fighting on behalf of our injured clients for over 30 years.
Purpose and Intent of the Law
The 14-day rule was imposed to ensure PIP claimants could get critical medical treatment as soon as possible without exposing insurers to mass fraud, which is a multi-million-dollar issue in Florida.
The 14-day timeframe was chosen under the assumption that anyone who was legitimately injured in a car accident wouldn’t wait longer than that to seek treatment. The tighter time frame also helps link the accident to an individual’s claim and makes it harder for people to get treatment for injuries that had nothing to do with their car accident.
Legal Implications
The 14-day law is strictly enforced in Florida, making it very difficult to get PIP insurance coverage if you didn’t seek medical treatment by the two-week deadline. However, third-party car accident injury claims and lawsuits may still be available as another source of compensation.
While the 14-day accident law makes it easier for you to get your claim quickly and receive critical medical treatment when you need it, it may disenfranchise legitimate claimants who can’t get PIP coverage because their injuries didn’t present until after the two-week window.
The sooner you seek medical treatment after a car accident, the better—not just for your health, but because the sooner you get treatment, the harder it becomes for insurance companies to argue your injuries weren’t serious or weren’t connected to the car accident.
Medical Examination and Documentation
After an accident, it’s important to get a medical examination as soon as you can. Getting a medical examination can ensure you don’t have any hidden injuries that need prompt treatment and put you in the best possible position to receive PIP coverage.
Lawyer Tommy Roebig says, “I’ve had a lot of clients tell me they didn’t feel any pain right after the car accident. It only showed up later. That’s why it’s so important to seek medical treatment—including a thorough examination—as soon as possible, even if you think you’re okay.“
Types Of Injuries And Conditions That Should Be Documented
Soon after the car accident, you may feel symptoms that may not seem like anything to worry about, but that may be warning signs of more serious injuries.
Symptoms to look out for include:
- Pain
- Stiffness
- Numbness
- Headaches
- Dizziness
- Nausea
If you notice any of these symptoms following a car accident, it’s important to seek a medical examination with your doctor, at a clinic, or with another medical professional who can check for injuries.
Common car accident injuries include:
- Soft Tissue Injuries (such as whiplash and muscle sprains)
- Scrapes and cuts
- Head injuries
- Chest injuries
- Arm and leg injuries
How To Approach Medical Documentation For Legal Purposes
The most important thing you can do to legally document your injuries is to seek treatment from a qualified medical professional and keep all documentation related to that treatment. However, there are several other actions you can take to make your medical documentation legally airtight.
To document your injuries for legal purposes:
- Keep medical bills and other documentation every time you get treatment.
- Follow your doctor’s instructions concerning treatment for your injuries.
- Follow up with any specialist referrals, diagnostic examinations, prescriptions, and at-home instructions.
- Ask for copies of your medical records and bills.
- Read over medical documents to make sure they’re accurate, especially regarding accident details, pre-existing conditions, and reported symptoms.
- Keep a car accident diary, detailing how you felt right after the accident and how your injuries progressed afterward. Note any symptoms and the impact on your daily life
Exceptions and Special Circumstances
It’s rare to be granted an exception to the 14-day rule in Florida, but not impossible if you were dealing with extraordinary circumstances, have strong evidence to support your claim, and have excellent legal support.
Exceptions to the 14-day rule may be made for:
- Accident injuries that appear late: Sometimes accident injuries aren’t noticeable until after the 2-week deadline for treatment. You may be granted an exception if a medical professional verifies that your delayed symptoms are directly related to the car accident.
- Extraordinary circumstances: In extraordinary situations, a car accident victim may have been unable to seek medical attention for 14 days or more, such as if they were trapped in their vehicle or incapacitated somewhere remote.
Keep in mind that the 14-day rule may not apply to non-PIP insurance coverage (check your individual policy) or to third-party insurance claims where the at-fault driver injured you and you’re seeking compensation.
With special circumstances like these, it’s critical to seek good legal representation that can help you source the evidence you need to prove your claim and make a compelling argument in your favor. Florin|Roebig’s attorneys have experience with difficult cases like these and have won a total of more than $1 billion for their clients. Reach out today to discuss your situation with one of our legal experts by scheduling a free case review.
Impact on Insurance Claims
Because it’s so rare to receive PIP coverage if you don’t follow the 14-day rule, adherence to the timeframe for seeking medical treatment is critical. If you don’t meet the deadline, your claim will likely be denied.
That said, it’s important to remember that there are other options for getting compensation after a car accident, such as third-party claims and lawsuits, which can be pursued up to two years after the accident.
The sooner you seek medical treatment, the less likely your PIP claim is to be questioned or denied. It’s just as essential to provide the appropriate medical records and reports to prove the extent of your injuries and that they resulted from the car accident.
Insurers will check to make sure that your medical records come from a list of qualified professionals, such as doctors, medical clinics, and hospitals, and that the treatment you sought was relevant and necessary for your car accident injuries.
Potential challenges faced by accident victims navigating insurance claims under this law include:
- Seeking initial treatment too late
- Proving that your treatments were necessary
- Keeping track of medical documentation related to your car accident injuries
- Proving your injuries were caused by the accident instead of pre-existing conditions or something else
Legal Advice and Recommendations
When it comes to Florida accidents, one of the most effective legal actions you can take is to get medical treatment as soon as possible. This will keep you in compliance with the 14-day accident law as well as most other policies and help validate any claims you make about the extent of your injuries.
That said, there are many other best practices you can take in the first two weeks after your accident.
Actions to take within the 14-day timeframe:
- Take pictures of your injuries
- Get immediate medical care
- Contact a car accident lawyer
- Keep copies of all medical documents and ask for copies from your doctor if they’re not automatically provided
- Look over medical documents to make sure they’re accurate
- Follow your medical team’s care instructions
- Keep a journal documenting your symptoms and recovery
Consulting legal professionals who are familiar with Florida car accident and insurance laws can ensure that you’re complying with Florida’s 14-day accident law and that you get the coverage you need. Most law firms offer free consultations that can help you understand the specifics of your case and help you determine if you need legal assistance.
Get Help With Your Florida Accident Claim
Florida’s 14-day accident law helps ensure that PIP coverage is quickly and easily available to claimants during a difficult time when immediate medical treatment can be critical. However, it also presents challenges to claimants whose symptoms show up later or those who can’t get treatment by the deadline.
It’s critical to seek medical treatment within 2 weeks of your accident if you can, as most PIP claimants who miss the deadline will have their claims rejected. However, if you’re having trouble getting PIP coverage after you were hurt in a Florida motor vehicle accident, you may be able to recover compensation or seek compensation through other avenues like a third-party claim.
Don’t hesitate to contact Florin|Roebig at any time for legal advice and assistance with your accident and insurance claim. We have several offices throughout Florida. You can also call our phone number 24/7 or email us for more information at [email protected].
