3/16/08

What is current status of PIP or no-fault in Florida?

Please refer to the updated date below to see the last time this answer was updated.Between October 1, 2007 and January 1, 2008 lawmakers say no-fault will continue to apply only when all drivers in an accident have PIP coverage. Florida became a tort state in accidents IF all parties don't have PIP coverage.

The bill to restore Personal Injury Protection, also referred to as no-fault or PIP passed the House, 105-4, October 5, 2007 and later in the day was passed unanimously by the Senate. Governor Crist signed the bill into law October 11, 2007. The bill to reinstate PIP took effect January 1, 2008. These are the items to note with the NEW law:

Requires all vehicle owners to have personal injury protection by Jan. 1. Insurers must send premium notices by Nov. 15 to policyholders who do not already have PIP coverage.
Provides additional time for PIP insurers to respond to a demand letter for payment before a suit may be filed.
Requires that all PIP claims related to a single provider for the same injured person be joined in a single lawsuit.
PIP will still have 80% medical bill coverage or the 20% co-pay.
New restrictions on the types of clinics that can bill PIP (this will help prevent fraud).
A new fee schedule capping what most health care providers can charge to 200% of the Medicare reimbursement rates (this will help prevent fraud).
A new provision allocates $5,000 for doctors who administer emergency and hospital care. This requires insurers to reserve $5,000 of benefits for 30 days for physicians providing emergency services or care or inpatient hospital care.
New uniform PIP claim documentation requirements for PIP claims (this will help prevent fraud). Mandates the consolidation of perfected claims from one health care provider relating to the same patient and the same insurance company.
New authority for the Florida Attorney General's office to sanction insurance companies that wrongfully deny claims. This will protect consumers. Makes it an unfair trade practice for an insurer to refuse to pay valid claims as a general business practice, and allows the attorney general to investigate and initiate actions, in addition to the Office of Insurance Regulation.
There was no requirement for drivers to have PIP between October 1, 2007 and December 31, 2007. In the interim, if there was an accident and any driver involved doesn't have coverage, there will be the possibility of a lawsuit to determine who is at fault to determine who will pay damages. That is where Bodily Injury Liability, Uninsured/Underinsured Motorist Bodily Injury, and Medical Payments/Expense would be necessary.

Many drivers that purchased policies prior to October 1st, will continue to have the coverage in the interim. PIP coverage could still cover injuries, but drivers won't have protection from a lawsuit if they're in an accident with a driver without PIP. That is why you need to have Bodily Injury Liability and Uninsured/Underinsured Motorist Bodily Injury coverage.

CarInsurance.com has options available for you when you shop for insurance coverage with our agency. When you get a Florida car insurance quote we guide you through the coverage options. Since December 15, 2007 all CarInsurance.com carriers require PIP to be purchased. This is because of the confusion created by the state; the carriers want to make sure their customers are covered properly.

As of January 1, 2008 PIP is required in Florida, along with Property Damage Liability. It is recommended that all drivers purchase Bodily Injury Liability coverage too.

Because the new PIP law includes some minor tweaks to stem fraud, some of our companies are lowering their premiums effective January 1, 2008!

What is an SR-22 form?

SR-22 insurance varies state to state.

The basic definition of an SR-22 form is available on our Insurance Terms page.

SR-22 isn't a type of insurance, but rather proof that you have certain types of insurance (based upon the financial responsbility laws of your state).

Simply, it is a form which must be filed by the insurance company to the state (Department of Motor Vehicles) stating that auto liability insurance is in effect for a particular individual.

Typically it is required when insurance is provided to an individual who was in an accident or was convicted of a traffic offense and was unable to show financial responsibility OR if a judge has ordered an SR22 for other reasons (in some states).

Comment Update: Yes, it is simply a form showing you are carrying a certain type of liability coverage.

Please review our related question titled "What is an SR-22?" for more explanation to your request.

Comment Update: This answer is about the form, please see the related articles to learn what an SR-22 is.