News

Florida lawmakers are in the process of gathering information to review and make changes to the current PIP laws. As we noted previously here, there are many viewpoints on the current status of the Florida no-fault laws and the need to review and possibly eliminate them all together.

Another potential aspect of the PIP law battle is whether to curb the use of accident clinic referral hotlines as part of a broader effort to reign in the costs of personal injury protection auto insurance. Reforming the current state law which requires drivers to carry $10,000 in PIP coverage is slated to be the top priority when the Legislature convenes in January due to numerous fraudulent and questionable claims that have driven up medical and legal costs.

Lawmakers may target the use of clinic referral hotlines which direct injured drivers to certain medical clinics. Representative Rick Kriseman said he would like to resurrect a bill he sponsored last year that would...  see more >>

The Florida Supreme Court is currently reviewing the state's 2008 law limiting public adjusters' contact with homeowners after the state's First District Court of Appeals found that it was unconstitutional. If the Florida Supreme Court also rules it unconstitutional, then public adjusters would have more access to homeowners in the immediate aftermath of a storm or other natural disaster. The oral arguments that the court recently heard stated that it was unconstitutional on the grounds that it interferes with the public adjusters rights to commercial free speech.

The 2008 law states that a public adjuster "may not directly or indirectly, through any other person or entity, contact or engage in face to face or telephonic solicitation or enter into a contract with any insured or claimant under an insurance policy until at least 48 hours after the occurrence of an event." The law originated after the 2004-2005 hurricane seasons and the claims handling problems...  see more >>

On Tuesday, Sept 13th, the National Transportation Safety Board recommended that the U.S. government ban truck drivers from using cell phones while driving except in the case of emergencies.

This recommendation comes after the NTSB finalized its investigation into a fiery crash in Kentucky that occurred in March 2010. Investigators found that the truck driver that caused the crash which killed eleven people including himself, had used his cell phone for calls and text messages 69 times while driving in the 24 hour period prior to the crash. This included four calls in the minute leading up to the accident, the final one coinciding with the time that the 18 wheeler ran off the road at 5:14 a.m.

Last year, the NTSB banned commercial truckers from sending text messages while at the wheel. Transportation Secretary Ray LaHood is campaigning against distracted driving and is proposing a ban on hand-held cell phone usage by truckers.

More than...  see more >>

When the Florida Legislature begins its lawmaking session in January 2012, there will be numerous bills concerning the states no-fault auto insurance laws as well as legislation designed to fight auto insurance fraud. Lawmakers failed to resolve the PIP issues during the 2011 session because of concerns about hurting policyholders with legitimate claims.

Two of the pending bills are from Bradenton based lawmakers. One proposes to allow insurers to give policyholders discounts for agreeing to use the insurers' preferred doctors (bill SB 254). The other proposes about a dozen provisions including expanding the reasons insurers can deny claims (bill HB 119).

Robin Westcott, State Insurance Consumer Advocate, is scheduled to hold several meetings, beginning on Sept. 15th, with insurance, medical and legal industry officials as well as legislative and regulatory representatives and a consumer advocate in order to help develop PIP fraud recommendations for...  see more >>