What is the 14-Day Accident Law in Florida?
Florida’s 14-day accident law requires car accident victims to seek a medical evaluation within 14 days of the crash that injured them. Any driver that fails to do so could lose eligibility for payment under their personal injury protection (PIP) coverage. Failing to get medical attention in time could mean you are stuck paying for your own medical costs when a medical issue arises later.
There are situations where insurers claim their policyholder did not get a medical evaluation in time, but you did do so. This is a common tactic insurance companies use to try to confuse you and rob you of the coverage to which you are entitled.
At High Stack Law, we explain Florida’s 14-day accident law and how it might affect you. Our team of experienced car accident lawyers help drivers in Brevard County and the surrounding areas protect their rights.
Explaining the 14-Day Accident Law
Florida Statutes § 627.736 sets forth the 14-day accident law. The law first recognizes that Florida utilizes a no-fault insurance system where each driver pays their own damages up to a certain threshold.
The law sets a mandatory 14-day period in which car accident victims must get medical care. This is a short deadline that can affect drivers after an accident, and could implicate your rights to compensation. In serious accident cases, you may have been taken directly to the hospital for a medical assessment and treatment. In these cases, little to no concern exists with the 14-day waiting period.
For many other drivers, they think at first they have no injuries or they were minor. It is only after the 14-day waiting period that symptoms begin to manifest and later reveal a serious injury. By then, it is likely too late to make a claim with your own personal injury protection (PIP) coverage provider. Your provider can deny the claim and refuse to pay for future medical treatment you require.
Ongoing Care After an Accident
If you sought and received medical treatment within the 14-day waiting period, you will likely be covered for future medical visits related to your accident as well. This could include other conditions or injuries not discovered in the initial exam.
This can be complicated, and is also an area where insurers wrongfully deny claims. If your claim was denied, speak to an experienced car accident attorney who can help hold the responsible party liable for what they owe.
I Did Not Get Medical Treatment Within 14 Days. What Do I Do Now?
If you did not get medical treatment within the appropriate time, you likely cannot claim coverage through your PIP insurer. However, there are options that exist.
A personal injury or third party liability claim may help cover your damages. Damages that exceed PIP coverage or meet other important exceptions may entitle you to file a lawsuit against the at-fault driver or other defendant that caused your injuries. Compensation available in a car accident lawsuit may include:
- Past and upcoming medical costs
- Costs of rehabilitation services
- Property damages
- Disfigurement and scarring damages
- Pain and suffering
- Loss of consortium
- Punitive damages (in limited cases)
Let a Florida Car Accident Attorney Help You After an Injury
Florida’s car accident laws are often confusing and strict. Many people are completely unaware of the 14-day law until it affects them. Our dedicated car accident lawyers want every Floridian to understand their rights and to seek the compensation they deserve after an accident.
Let the car wreck lawyers at High Stack Law assist you. Contact us today for a free consultation of your case.