While Florida lawmakers seem to agree that a reform of the current no fault insurance system is necessary, deciding how to reform the system is a difficult challenge. Florida Governor Rick Scott recently urged lawmakers to come together and take action in a State of the State address. Unfortunately, there is no easy fix.
In an effort to resolve the problem of insurance fraud associated with the no fault insurance law, several proposals are being presented by Florida Republicans. These proposals take varying approaches to addressing the issue, including the following:

• Tightening procedures for licensing medical clinics and creating task forces specifically designed to reduce the incidents of fraud
• Requiring accident victims to seek treatment from an emergency room and limiting the type of medical services that are covered
• Repealing the law entirely and replacing it with a system based upon who is at fault

Currently, Florida’s Governor is backing the plan that keeps in place the mandatory insurance requirement of $10,000 worth of personal injury protection coverage but forces victims to visit an emergency room for treatment rather than a family doctor. The State Office of Insurance Regulation and Property Casualty Insurers of Association of America also support this proposal.
Unfortunately for Republicans, Florida Democrats are not in favor of this proposal. They state that it goes too far by limiting personal choice pertaining to medical care. For litigators within the state, some Florida accident attorneys oppose this form of bill because it also includes a provision that caps attorney’s fees. Similarly, many Florida physicians have expressed concerns over the heavy restrictions imposed by the bill.
Whether the Florida no fault insurance law will be reformed or completely repealed in 2012 remains to be seen. For more information, contact an experienced Sarasota accident attorney. Complete our online submission form or call our office at (888) 409-3805 for a complimentary consultation.