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Sunday, August 5, 2012

Florida No Fault 14 Day Treatment Rule.


Dr. Alan Himmel

Is anyone aware of another little change to the Florida No-Fault PIP law that goes into effect on Jan 1, 2013?  Of course not, so I am here to inform you of another very important fact that you should know if you are an insured Florida resident.

Let me set the scene: You are either the victim of or an at fault driver involved in an auto accident which occurs on, lets say Jan 1, 2013 or thereafter.  You are driving, and all of a sudden, you collide with another car which is not stopping.  The accident causes car causing damage, and also caused some neck pain and headache.  You go home that day and you take some Ibuprofen and ice it, and your neck and headache feel a little better.  You decide that the pain is not so bad, and  you figure that the neck stiffness that is setting in, is no big deal.  After all, you have had a stiff neck in the past, and it always goes away within a week or so.  So, you just decide to rest it, ice it, and take over the counter pain killers. It actually begins to feel better after about a week, and at this point you figure it will continue improving.  You are busy at work and with the family.  You don't have time to waste going to doctors and getting xrays, because you think that you will be OK, and its not that important anyway.  But it starts to get to a point that the neck pain and stiffness are not improving anymore and your wife is telling you to go get checked out.  So, you make an appointment at your doctors office.  Today is Friday and your doctor cannot see you until Monday;  so take it.

Well, little did you know, that Monday is exactly 15 days after your car accident.  You go to get checked out, and your doctor is worried and decides to order an MRI to rule out serious problems. He also writes you a prescription and that same night, you get the MRI done.  The report comes back in a few days and there are two cervical disc herniations.  Well, your doctor at this point is thinking Orthopedics, Physical Therapy or Chiropractic care, because he knows that these things left untreated can very often get worse to the point that there is radiating pain, numbness, and tingling down your arms.  He tells you that sometimes these things require surgery.  Now you are worried.

But wait!  At least you were responsible enough to pay your auto insurance, which is mandatory in Florida.  You have always been a responsible person and actually you have been paying for years and never missed a payment and never even filed a claim.  By the way, just to let you all know, PIP insurance is primary in Florida, meaning that if you decide to use your health insurance, your health insurance company will deny your claim because your injury is auto accident related.  But, not to worry, you have GEICO.  Or was it Allstate?  Or Progressive....   Hmmm.  It doesn't matter anyway, which insurance company you have.

Do you know why?

Because your Governer, Mr. Rick Scott, created a law that states that you must initiate treatment within the first 14 days and you waited 15 days.  You are now completely out of luck.  You paid for your coverage and now your wonderful elected officials created a new way for your insurance company to deny your claim.   No coverage for you.  Your insurance company gets off the hook and they get to keep the money you paid them.  They don't have to pay your doctor bills.  And guess what?  Its a state law!

Do Not Wait.  If you have been involved in a car accident in Miramar or a car accident in Pembroke Pines FL, You should get treatment immediately.  You can call me personally, Dr. Alan Himmel.  I answer the phone myself.  954-659-8600 or 305-979-5549

You can also check out my Website,

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