In 1972, the Florida Legislature created a no fault insurance law designed to protect motorists injured in a Florida auto accident. The law requires that all Florida drivers carry $10,000 worth of personal injury protection coverage. In the event of most accidents, this allows for injured victims to quickly receive compensation from their own insurance company, regardless of who is at fault for the accident.  Due to accusations of insurance fraud, however, several proposals are now being presented to reform the no fault insurance law.

What are the proposals that are being suggested?

1.      Florida House Bill 119

This bill is sponsored by Representative Jim Boyd, of Bradenton, Florida. His proposal would replace the current no fault personal injury protection law with a similar system referred to as “Emergency Care Coverage.” Highlights of this system are as follows:

  • A victim must visit an emergency room following the Florida car accident
  • Only certain types of medical professionals can perform follow up treatment for the injuries
  • Attorneys’ fees are capped
  • Insurance companies are given extra time to investigate an accident if fraud is suspected
  • Doctors may be examined under oath as part of the claim process

 2.      Florida Senate Bill 1860

This bill is sponsored by Senator Joe Negron, of Palm City, with support from Senate President Mike Haridopolos. His proposal is designed to reduce incidents of insurance fraud by:

  • Requiring long form incident reports following accidents
  • Requiring licensing for health clinics who wish to participate in the personal injury protection no fault system
  • Establishes a statewide task force regarding insurance fraud
  • Streamlines the payment process and gives hospitals priority standing

3.      Florida House Bill 523

Sponsored by Representative Ritch Workman, of Melbourne, this bill presents similar requirements to that of Senate Bill 1860. It was filed in October of 2011, and has since been assigned to four committees for 2012.

4.      Florida House Bill 1007

This bill is sponsored by Representatives Mike Horner, of Kissimmee, and Mack Bernard. of West Palm Beach. Highlights of the proposal include:

  • Repeals the current no fault system
  • Drivers are required to carry bodily injury insurance
  • Such insurance covers the cost of paying for others’ injuries if the driver is at fault in a crash

For more information about Florida insurance laws, contact an experienced Sarasota car accident attorney.  Complete our online submission form or call our office at (888) 409-3805 for a complimentary consultation.

Damian Mallard, Esq.
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Board Certified Sarasota Personal Injury Attorney