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        <title><![CDATA[car accident attorneys - Ansara Law Personal Injury Attorneys]]></title>
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                <title><![CDATA[Auto Insurers Allege PIP Fraud After Florida Crashes, Highlighting Ongoing Battle to Scrap It]]></title>
                <link>https://injury.ansaralaw.com/blog/auto-insurers-allege-pip-fraud-after-florida-crashes-highlighting-ongoing-battle-to-scrap-it/</link>
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                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Mon, 06 Aug 2018 17:47:41 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[car accident attorneys]]></category>
                
                    <category><![CDATA[car accident lawyers]]></category>
                
                    <category><![CDATA[personal injury protection benefits]]></category>
                
                    <category><![CDATA[PIP insurance after crash]]></category>
                
                
                
                <description><![CDATA[<p>Florida’s no-fault auto insurance coverage – also known as personal injury protection (PIP) – is controversial and the subject of ongoing legislative debate. Earlier this year, as reported by FloridaPolitics.com, a bill to repeal Florida’s no-fault auto insurance died in committee. Lawmakers haven’t given up on the prospect of reintroducing a similar, if modified, measure&hellip;</p>
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<p>Florida’s no-fault auto insurance coverage – also known as personal injury protection (PIP) – is controversial and the subject of ongoing legislative debate. Earlier this year, as reported by <a href="http://floridapolitics.com/archives/257049-prospects-pip-repeal-dive-senate-panel-disdains-legislation" rel="noopener noreferrer" target="_blank">FloridaPolitics.com</a>, a bill to repeal Florida’s no-fault auto insurance died in committee. Lawmakers haven’t given up on the prospect of reintroducing a similar, if modified, measure in the future. </p>

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<p>As it now stands, PIP coverage, as outlined in <a href="http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.727.html" rel="noopener noreferrer" target="_blank">F.S. 627.727</a>, is required of all motorists and extends a maximum of $10,000 in medical and disability benefits and $5,000 in death benefits – regardless of fault. It is only if one’s condition crosses the “serious injury” threshold that they may seek additional coverage from the at-fault driver’s insurer and/ or their own uninsured/ underinsured motorist (UM/UIM) carrier.</p>


<p>Recently, it was reported litigation filed earlier this month in the Southern District federal court alleges three separate medical clinics wrongly billed an auto insurer for services through PIP, ultimately cheating the insurer out of $4.7 million. Although the lawsuits don’t specifically allege fraud by crash victims, it’s incumbent on Floridians and <a href="/personal-injury/car-accidents/">car accident attorneys</a> to be mindful of these developments, as they may impact the types of challenges auto insurers may raise to deny medically necessary treatment following a crash.</p>


<p>According to the lawsuit, the clinics, controlled by two siblings in Miami, engaged in fraud, deceptive and unfair trade practices and unjust enrichment by submitting false, materially misleading and/ or fraudulent bills supporting records to plaintiffs for services which weren’t medically necessary – and in some cases, weren’t even rendered. The insurer alleges these clinics meted out a predetermined treatment plan to all South Florida car accident victims, without first considering the patient’s injuries. Each patient was reportedly diagnosed with non-specific sprains, strains or pain of the cervical, thoracic and lumbar regions – even if this was not reflective of their true condition. Further, all patients were referred for “excessive therapy modalities, regardless of the unique circumstances and needs of each patient.” All received X-ray scans, even when those results weren’t used in the treatment plans.</p>


<p>The insurer maintains the car accident victims weren’t properly examined, diagnosed or treated for their individual conditions, which resulted in treatment that was either unnecessary or excessive, in each case resulting in PIP benefits that were either exhausted or depleted – in some instances depriving crash victims of treatments they actually needed. This had been going on as far back as 2007, according to the allegations in the complaint.</p>


<p>The judge in the case is considering whether the federal courts even have jurisdiction over this issue.</p>


<p>In the meantime, it’s probable we’ll see another bill for PIP repeal introduced to the Florida legislature again soon. The state House speaker said that may come in the form of a no-fault/fault hybrid bill, wherein drivers would be allowed to maintain their PIP coverage if they wanted, but those who wanted to move to a mandatory bodily injury liability policy (which Florida currently doesn’t have, unless you have a poor driving record) could do so and ditch their PIP. Lawmakers say this could result in sizable savings long-term for a large number of people. Only about 10 percent of drivers in Florida carry only PIP.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="http://floridapolitics.com/archives/270737-lawsuit-clinics-pip-reform" rel="noopener noreferrer" target="_blank">New lawsuit highlights legislative logjam over PIP reform</a>, Aug. 6, 2018, By Michael Moline, FloridaPolitics.com</p>


<p>More Blog Entries:</p>


<p><a href="/blog/fiu-pedestrian-bridge-collapse-lawsuits-allege-negligence/" rel="bookmark" title="Permalink to FIU Pedestrian Bridge Collapse Lawsuits Allege Negligence">FIU Pedestrian Bridge Collapse Lawsuits Allege Negligence</a>, July 30, 2018, Broward Car Accident Attorney Blog</p>


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                <title><![CDATA[Report: Florida No. 2 for Distracted Driving]]></title>
                <link>https://injury.ansaralaw.com/blog/report-florida-no-2-distracted-driving/</link>
                <guid isPermaLink="true">https://injury.ansaralaw.com/blog/report-florida-no-2-distracted-driving/</guid>
                <dc:creator><![CDATA[Ansara Law Personal Injury Attorneys]]></dc:creator>
                <pubDate>Tue, 18 Apr 2017 19:46:19 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[car accident attorneys]]></category>
                
                    <category><![CDATA[Fort Lauderdale car accident lawyer]]></category>
                
                
                
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                <description><![CDATA[<p>Florida drivers get a bad reputation on a lot of fronts, and unfortunately, much of it is well-deserved. We rank second in the country for having the most uninsured drivers (24 percent). We have the most bicycle accident deaths, the most pedestrian accident fatalities. We have more motorcycle deaths than any other state in the&hellip;</p>
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                <content:encoded><![CDATA[

<p>Florida drivers get a bad reputation on a lot of fronts, and unfortunately, much of it is well-deserved. </p>


<p>We rank second in the country for having the most <a href="http://www.iii.org/fact-statistic/uninsured-motorists" rel="noopener noreferrer" target="_blank">uninsured drivers</a> (24 percent). We have the most bicycle accident deaths, the most pedestrian accident fatalities. We have more motorcycle deaths than any other state in the country (616 in 2015, according to the <a href="https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812353" rel="noopener noreferrer" target="_blank">National Highway Traffic Safety Administration</a>).</p>


<p>So perhaps we shouldn’t be all that surprised that Florida has ranked as one of the worst states for distracted driving. According to a new study by an online auto insurance provider EverQuote, Florida ranks second only to Louisiana in terms of distracted driving habits.</p>


<p>Although our Fort Lauderdale <a href="/personal-injury/">injury lawyers</a> typically wouldn’t cite an auto insurance provider as an authority for crash victims, this study was noteworthy for the fact that it examined 2.7 million trips over 230 million miles driven. It conducted its analysis via users of its app, EverDrive.</p>


<p>The motion-sensing app calculated certain vehicle maneuvers – sudden acceleration, measured speeding, aggressive turning, hard braking while the driver’s phone was in motion. It did not record actions while the driver was not moving or when the phone was in sleep mode or even when the driver was using the hands-free device (though we know talking on the phone – even in hands-free – can be just as dangerous as texting).</p>


<p>What EverQuote’s findings suggest is that more than 90 percent of drivers across the country were distracted by their smartphone while behind the wheel at some point in the last 30 days.</p>


<p>Bear in mind too: This only involves cell phone distraction. Other forms of common distraction, such as eating, grooming, dealing with children in the backseat or changing the radio station, are not included here.</p>


<p>The findings are not all that shocking to local law enforcement officials in Fort Lauderdale, who told <a href="http://www.sun-sentinel.com/news/transportation/fl-reg-florida-second-most-distracted-20170412-story.html" rel="noopener noreferrer" target="_blank">The Sun Sentinel</a> they see distracted drivers pass every day. However, they are often powerless to do much about it, despite Florida’s anti-texting and driving law, <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.305.html" rel="noopener noreferrer" target="_blank">F.S. 316.305</a>. The reason is the statute makes texting while driving a secondary offense. That means police aren’t free to stop offenders solely for violation of that provision. Instead, law enforcement officers must first observe some other infraction or have other cause to stop the driver.</p>


<p>Many have argued this weak law makes it impossible for law enforcement agencies to truly get a handle on proper enforcement. Even when they do issue a citation, they can’t do so for merely talking on the phone and the fines are low. A new bill has been introduced that would bump up texting and driving to a primary offense. However, it seems unlikely to pass before the close of this legislative session at the end of the month.</p>


<p>The <a href="https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812381" rel="noopener noreferrer" target="_blank">NHTSA</a> recently released a new report indicating distracted driving crashes account for 15 percent of all fatal crashes and 14 percent of all police-reported crashes. In 2015, there were 3,500 people killed and 391,000 injured in traffic crashes that involved a distracted driver. Nine percent of all drivers between the ages of 15 and 19 involved in fatal crashes were reportedly distracted at the time of the collision. There were also 551 “non-occupants” (i.e., bicyclists and pedestrians) killed in these collisions in that single year.</p>


<p><em>Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.</em></p>


<p>Additional Resources:</p>


<p><a href="http://www.sun-sentinel.com/news/transportation/fl-reg-florida-second-most-distracted-20170412-story.html" rel="noopener noreferrer" target="_blank">Florida second-worst state for distracted driving, study says,</a> April 12, 2017, By Wayne K. Roustan, Sun Sentinel</p>


<p>More Blog Entries:</p>


<p><a href="/blog/florida-ridesharing-insurance-bill-clears-state-senate/" rel="bookmark" title="Permalink to Florida Ridesharing Insurance Bill Clears State Senate">Florida Ridesharing Insurance Bill Clears State Senate</a>, April 10, 2017, Fort Lauderdale Car Accident Lawyer Blog</p>


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