Sinclair Law Celebrates Lifting of Stay on PIP Injunction

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Stay on injunction would have continued to affect acupuncturists and massage therapists under a law currently considered unconstitutional.

Motorcycle Lawyer in Florida
Recently, the group which initially challenged the law filed a request for the stay to be lifted. The lifting of this stay allows suspension of the law until official action is taken.

A controversial personal injury protection (or PIP) reform law passed earlier this year was celebrated by insurance providers throughout the state of Florida. However, when the law was challenged on constitutional grounds, a stay was granted, allowing the law to continue to stay effective pending final rulings in court.

Recently, the group which initially challenged the law (Myers v. McCarty, Case No. 2013 CA 73) filed a request for the stay to be lifted. The lifting of this stay allows suspension of the law until official action is taken. This action effectively changes the law back to its previous form, lifting heavy-handed restrictions on those looking to file a claim with their PIP provider, such as a narrow fourteen-day period in which they are eligible for a claim, and a $2,500 cap on any injury not deemed an “emergency medical condition.”

“The way the law had been worded allowed the insurance companies a wide degree of latitude in defining ‘emergency medical condition,’” says Brad Sinclair, a personal injury attorney who specializes in motorcycle accidents, auto accidents, and all personal injury claims at law firm Sinclair Law. “The result is a system where PIP claims are capped at $2,500 unless the injury sustained was life-threatening. This is for a $10,000 policy.”

Court records indicate that an appeal was submitted on April 19 on behalf of the Florida Office of Insurance Regulation in the First District Court of Appeals in response to Judge Terry Lewis of the 2nd Circuit Court of Appeals, to try and impose another stay on the injunction. “Even if the State Circuit Court’s ruling stands, I expect that insurance companies will fight tooth and nail to keep the law in effect as long as possible,” says Sinclair.

Insurance companies claim that the reform is designed to curtail fraud and abuse of PIP policies which has been rampant in the state of Florida. At the same time, the legislature discusses repealing the current no-fault system in favor of a liability-based system. “I don’t think anybody knows at this point where all of this will lead,” says Sinclair. “We can only hope that the result is fair to the residents of Florida.”

About Sinclair Law

With over 25 years of personal injury and wrongful death legal experience, Brad Sinclair has been providing his legal expertise to victims in personal injury cases all throughout Brevard County, including the areas of Palm Bay, Cocoa Beach, and Titusville. Sinclair Law specializes in personal injury cases involving motorcycle accidents, automotive accidents, and truck accidents, and staffs former insurance claims adjustors to help with each case. Visit today for more information.

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