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Personal Injury Protection (PIP)
for Auto Insurance

Florida is one of ten states that have personal injury protection (no fault) auto insurance. The intention was to provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system. The goal was to reduce payment delay for injured drivers, as well as limit the utilization of the court system. In Florida, PIP coverage is required to be purchased by all owners of motor vehicles registered in this state. PIP coverage makes the individual responsible for their own injuries in an accident regardless of fault.

In recent years, the number of drivers and auto accidents has remained relatively constant, but the amount of PIP claims, and PIP payments has skyrocketed. The National Insurance Crime Bureau lists Florida as having several cities reporting the highest amount of “questionable claims” nationally. While PIP premium represents roughly two percent of Florida’s collected insurance premium, this issue accounts for nearly 50 percent of fraud referrals.

In 2012, the State of Florida passed HB 119 – Personal Injury Protection (PIP) for Auto Insurance Fraud to address this issue by reducing PIP fraud, and passing these savings to consumers

Court Case:

November 15, 2012: Notice of Voluntary Dismissal

December 12, 2012: Order Denying Preliminary Injunction

March 18, 2013: Order Granting in Part Motion for Temporary Injunction

March 21, 2013: Defendant's Notice of Appeal of Non-Final Order and Notice of Automatic Stay

April 10, 2013: Order to Show Cause on Jurisdiction

April 17, 2013: Order Granting Motion to Vacate Automatic Stay

April 19, 2013: Commissioner McCarty's Response to Order to Show Cause

April 19, 2013: Motion for Review of Order Vacating Automatic Stay, and Request for Expedited Treatment

April 25, 2013: Order Discharging the Show Cause

May 6, 2013: Appellant's Initial Brief

May 6, 2013: Appellee's Response to Order to Show Cause Why Appellant's Motion for Review of Order Vacating Automatic Stay and Request for Expedited Treatment Should Not Be Granted

May 7, 2013: Appendix to Response to Motion for Review of Order Vacating Automatic Stay and Request for Expedited Treatment

May 10, 2013: Affirmation of the Order Lifting the Stay and Expedition of the Case

May 30, 2013: Amici Curiae Brief of Property Casualty Insurers Association of America, Florida Insurance Council, and American Insurance Association, in Support of Appellant Kevin McCarty

May 30, 2013: Amici Curiae Brief of the Personal Insurance Federation of Florida and the National Association of Mutual Insurance Companies in Support Of Appellant

June 6, 2013: Appellees' Answer Brief

June 10, 2013: Amicus Brief of the Florida Acupuncture Association and the Florida State Oriential Medical Association

June 12, 2013: Amicus Curiae Brief of the Florida Chiropractic Association of America, in Support of Appellees

June 14, 2013: Amicus Brief of the Florida State Massage Therapy Association

June 17, 2013: Amicus Curiae Brief of Florida Justice Association in Support of Appellees

July 1, 2013: Appellant’s Reply Brief

July 30, 2013: Notice of Oral Argument

October 23, 2013: District Court of Appeal's Opinion Reinstating the Stay of the Injunction

October 23, 2013: District Court of Appeal's Order Vacating the Automatic Stay

November 7, 2013: Motion for Rehearing Filed

November 25, 2013: Order Denying Motion for Reconsideration

December 11, 2013: Mandate

December 23, 2013: Notice of Appeal

January 29, 2014: Appellant's Response to the Courts Order to Show Cause

February 10, 2014: OIR Reply to Response

 

News Releases:

 

January 22, 2014: Personal Injury Protection (PIP) Premiums Going Down for Most Florida Drivers

October 24, 2013: Office Statement on Florida First District Court of Appeal Reinstating the PIP stay of Injunction

October 9, 2012: Office Provides Update on PIP Filings

October 1, 2012:  Office Receives Numerous Insurer PIP Filings to Comply with HB 119

August 21, 2012: Office Releases Final Actuarial Study on Indicated Savings from HB 119

May 4, 2012: Office Statement from Florida Insurance Commissioner on Signing of HB 119 (PIP) Bill

March 2, 2012: Office Releases 2011 Financial PIP Premium

January 27, 2012: Commissioner Releases Letter-to-Editor on PIP Fraud

PIP Informational Resources:

Approved PIP Filings (May 2, 2013)

March 25, 2013: Informational Memorandum OIR-B1-1149 Notification of Person Injury Protection Benefits

March 25, 2013: Informational Memorandum OIR-B1-1809 on the Healthcare Provider Certification of Eligibility for PIP Benefits

January 1, 2013: Informational Memorandum OIR-B1-1149 on the Notification of Personal Injury Protection Benefits

January 1, 2013: Emergency Notification of Personal Injury Protection Benefits - Read Rule 69OER12 for additional information

November 6, 2012: Informational Memorandum OIR-12-06M on the application of the provision related to the Medicare fee schedule in Personal Injury Protection ("PIP") Insurance

August 20, 2012: Impact Analysis of HB 119 (Pinnacle Actuarial Resources, Inc.)

May 4, 2012: Informational Memorandum OIR-12-2M on filings for HB 119

August 2011: Cabinet Presentation on Personal Injury Protection

April 11, 2011: OIR PIP Data Call Results

September 2000: Grand Jury Report on PIP provided by the Attorney General's Office

Other Resources:

Governor’s Website on PIP

Department of Financial Services – Division of Fraud

Department of Highway Safety and Motor Vehicles – Protect Against Staged Crashes