A new PIP law still requires all Florida drivers to carry $10,000
in coverage for accident injuries, but created a lower ceiling of
$2,500 in coverage for non-emergency treatment to cut down on abuses.
Jack McDermott, the communications director for the Office of
Insurance Regulation, said it's too early for state officials to really
know how the changes in the law will actually affect motorists' bills.
``It appears the effect of the law for most companies may be to
reduce the amount of rate requests, which is a positive development, but
not lead to actual PIP rate reductions,'' said McDermott.
He emphasized that regulators still have 60 days to review the rate requests before a final decision is made.
Others are hopeful that premium reductions will show up more quickly.
``I fully expect significant premium savings and for those
savings to be passed along from insurance companies to Florida
drivers,'' Florida Consumer Insurance Advocate Robin Westcott said. ``By
stemming abuses and controlling the skyrocketing costs that come with
them, Floridians will see lower PIP premiums.''
Stemming the abuses, however, remains a huge challenge despite
recent changes in the law aimed at doing just that, not to mention legal
challenges that are likely to be filed after the new rates start taking
effect after Jan. 1.
The thrust of Florida's revamped PIP law was aimed at cracking
down on the runaway fraud resulting from bogus pain clinics and staged
auto accidents that was increasing the cost of coverage for drivers.
``The bad actors are not going to give up this gold mine
easily,'' said Sam Miller, vice president of the Florida Insurance
Council, an industry group. ``The heart of the new law is to focus PIP
payments on emergency care and limit non-emergency care to $2,500. If we
can't make this work, all of the reforms may collapse.''
The new law puts a 14-day limit on seeking treatment following a
crash. Benefits also will be capped at $2,500 unless a medical doctor,
osteopathic physician, dentist, supervised physician's assistant or
advanced registered nurse practitioner determines the injured person has
an ``emergency medical condition.'' Chiropractors cannot make that
determination.
Bogus claims and faked accidents are largely responsible for a
$1.4 billion increase in PIP costs since 2008, state officials say.
Some insurance experts fear that PIP coverage will be eliminated if the latest version isn't successful.
``I think this is our last best chance,'' said Michael Carlson,
executive director of the Personal Insurance Federation of Florida.
``You've got very smart people, both Democrats and Republicans, who
would like to see PIP eliminated.''
But others, including Gov. Rick Scott and Chief Financial Officer Jeff Atwater, want to give it another chance.
The biggest problems have been, and continue to be, in South
Florida and Tampa where the fraud is most prevalent and drivers face the
most expensive insurance costs. Miami drivers pay an average of $3,193
annually for their insurance _ the fourth highest in the country and
triple the statewide average, according to statistics from the Insurance
Information Institute.
A Hollywood physician and Boca Raton attorney have sent
solicitations promoting ways to get around the state's tougher standards
governing the required personal injury protection portion of the
insurance.
Dr. Alen E. Gordon of Hollywood wrote attorneys with instructions
on what he needs to make immediate examinations and provide immediate
reports to PIP insurers.
``We are able to give consultations, prescriptions, follow-up
examinations, disability examinations, depositions and testifying in
court,'' Gordon wrote an omnibus letter addressed: Dear Attorney.
``We will make a rush appointment,'' said Gordon, who provided his email address and fax number.
The Florida P.I.P. Law Firm, PA in Boca Raton has circulated an
advertisement to medical providers and drivers with phone numbers where
they can get legal advice on how to proceed in collecting the maximum
amount available.
In a mailer to doctors, physician's assistants and nurse
practitioners, the firm outlined what conditions must be included in a
diagnosis for the maximum $10,000 benefit to be paid.
``My office represents chiropractors under the `old' PIP law and
will continue to represent chiropractors under the `new' PIP law too,''
the advertisement read.
It's not the first time _ or last _ that fliers have been sent
out in advertisement form seeking ways around the new requirements.
A Tampa company sent fliers to chiropractors in early spring
suggesting ways to capitalize on potential loopholes in new legislation.
Not surprisingly, Florida leads the nation in the number of staged accidents.
Since 1972, Florida motorists have been required to buy PIP
coverage to make sure anyone injured in a crash receives money to treat
their injuries in a timely manner. A driver's insurance company is
required to pay up to $10,000 for medical bills and lost wages no matter
who is at fault.