Florida Rejects PIP Reform Again

Oct 14, 2021

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It may be surprising, however not solely do I work for the fantastic individuals who publish Insurance coverage Journal, however I learn Insurance coverage Journal. I’m notably thinking about studying it once I get an electronic mail from a buddy, asking for my response to a narrative.

The Insurance coverage Journal reported that Florida Governor Ron DeSantis vetoed an auto insurance coverage invoice that might replace the minimal monetary duty necessities in Florida and change private damage safety (PIP) with medical funds protection. You possibly can learn that story right here.

What was my response?

That is disappointing to me. The PIP system is damaged, and the state’s minimal monetary duty necessities are a joke.

Let’s begin from the start.

Private Damage Safety, or PIP, is an auto protection that’s required in no-fault states. In these states, insureds purchase protection for his or her accidents with out regard to fault as much as a sure restrict. That’s the place PIP is available in. PIP protection pays for damages because of bodily damage in an auto accident. These damages can embrace medical payments, misplaced wages, and loss of life advantages. After all, there’s extra to it than that, however to get that stage of element, you’ll have to learn your coverage, issued in your state. This isn’t a problem in all places. Proper now, there are solely 12 states which have a no-fault legislation.

Why is that this an enormous deal?

In Florida, we’re required to hold a minimal of $10,000 PIP. The idea goes that with that $10,000 if I’m in an accident in Florida, there may be cash to cowl my medical bills and misplaced wages that outcome from that accident. And if I have been in an accident, that’s precisely what would occur. I’d contact my insurance coverage firm, allow them to know that I used to be in an accident, give them all the particulars, and inform them that I’m going to the pressing care or emergency room to get checked out. The pressing care would see me, discover out it was an auto accident, get my insurance coverage info, and be off to the races to present me the very best care doable.

That’s nice, however what if it’s a nasty accident and the medical payments are greater than the $10,000 minimal that’s required? The primary reply is that $10,000 is probably the most that you could get for PIP so there’s that. By no means concern, there are two different choices out there. The primary choice is to purchase Medical Funds protection, which offers comparable protection to PIP. The second choice is to do what the no-fault legal guidelines initially tried to keep away from, sue the opposite driver.

What would the invoice do?

If you happen to’ve by no means learn a invoice that amends present legislation, it’s best to. Suppose again to highschool while you submitted that essay that you simply thought was a complete winner. You keep in mind it as I do. When it got here again, it was a sea of purple marks, making me query each my instructor’s sanity (as a result of that stuff was sensible) and my future profession prospects.

A brand new invoice will probably have a bit that’s new laws. That bit is slightly simpler to learn as a result of it’s as easy and simple as any authorized doc might be. It has it’s points, however when you can learn an insurance coverage coverage, it’s best to be capable to learn laws. The remainder of the invoice will embrace the components of the present legal guidelines that it’s amending and that’s slightly extra enjoyable (incorrect, it’s tougher).

When you get into the amended portion of the legislation, it’s a rainbow of legalese, statutory references, and dangerous highschool recollections. As a result of they’re amending present legislation, the brand new language is underlined, and when you’re studying the net model, somewhat than the PDF, inexperienced. The phrases which can be eliminated are stricken by and in purple. You’d suppose that it makes issues simpler, however take into account that you’re not studying a genius essay, you’re studying a proposed legislation, which isn’t written in addition to your essay was.

To get to the purpose, the a part of the invoice that I’m involved about included three provisions of import.

  1. Each reference to the requirement to hold PIP is stricken out. YAY!
  2. The requirement to hold a minimal of $10,000 property injury legal responsibility is maintained (too low….)
  3. The requirement to hold a minimal of $25,000 per particular person and $50,000 per accident bodily damage legal responsibility is added (additionally too low…)
  4. The requirement to supply medical funds protection with a minimal restrict of $5,000 with a further provide of $10,000.

To be honest, I haven’t learn the entire thing, however that is the part that I’m most involved about. Everybody who’s concerned within the Florida auto insurance coverage market understands that the system is damaged. I’m not sure that there’s a restore to it principally as a result of it’s a Florida insurance coverage market, however that’s what makes this state nice. We are able to experiment right here as a result of absolutely anything will enhance how issues work right here.

I can’t fault somebody that’s working within the dictates of their conscience. I can solely provide my opinion that now was nearly as good a time as any to have an effect on a constructive change within the Florida auto market. I can solely hope that the legislature picks up this torch another time and does so in a method that may enhance issues right here.

Matters
Florida

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