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
April 22, 2014: Florida Supreme Court Case Docket
News Releases:
September 14, 2016: Office Releases Final Actuarial Study on PIP Insurance
January 5, 2015: Office Releases Injury Protection Data Call Report
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:
September, 2016: Florida Office of Insurance Regulation: Review of Personal Injury Protection Legislation Report and
Addendum (Impact of Florida Third-Party Bad Faith Reform). Both reports were prepared by Pinnacle Actuarial Resources, Inc.
January 1, 2015: Report on Review of the Data Call Pursuant to House Bill 119 - Motor Vehicle Personal Injury Protection (PIP) Insurance
November 5, 2013: Personal Automobile Insurance Coverage and Data Call Results: Addendum
to Presentation on Personal Injury Protection (PIP) Insurance
Approved PIP Filings (May 2, 2013)
April 9, 2013: Presentation on Personal Injury Protection (PIP) Insurance; Addendum
to Presentation
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 Investigative & Forensic Services
Department of
Highway Safety and Motor Vehicles – Protect Against Staged Crashes