14 Day Rule: How Many Days do I Have to Start an Injury Claim?

In accordance with Florida PIP’s 14-day rule, injured victims must seek medical treatment within 14 days of the accident. You should seek medical treatment as soon as possible if you believe you have suffered injuries. Your insurer will likely deny your claim if you fail to seek medical treatment within the first two weeks following an accident. 

It is a good idea to seek medical attention even if you are not sure if you have been injured. It is common for injuries to not manifest for hours or even days after they occur. 

Get Approved Medical Care on Time 

According to the 2013 PIP law change, accident victims must receive “initial care and services” within two weeks of their accident in order to be eligible for PIP benefits. Any medical attention, as long as it is provided by a qualified healthcare provider, supervised or prescribed by a qualified healthcare provider, will comply with this requirement. 

Healthcare providers who are qualified include:  

• A medical doctor 
• A dentist 
• A chiropractor 
• A paramedic

The statute does not mention physical therapists, massage therapists, or other health care providers as eligible providers. If you submit a claim to your insurance company, chances are it will be denied, and you won’t get any benefits.  

In order to meet the requirements of the 14-day Florida PIP rule, you should always go to your doctor or emergency department after a crash, both to ensure you are healthy and to ensure you meet your eligibility. 

Limits on Florida PIP payouts and the 14-day rule 

Florida’s amended PIP law also limits the benefits available to claimants through personal injury protection. Under the revised PIP rules, if you received treatment within 14 days and: 

• Benefits are limited to $2,500 if you suffered only non-emergency injuries 
• The maximum payout from your PIP coverage is available if you suffered an “emergency medical condition.”

A minimum of $10,000 in coverage should be available to you. Depending on your needs, you may want to carry a larger PIP policy than what is required by the state. 

The definition of an “Emergency Medical Condition” 

In Florida, PIP insurance claims are defined in Florida Statute 395.002(8). Specifically, the statute describes this as a situation in which the victim is suffering from acute symptoms requiring immediate attention to prevent: 

• Endangering their health and wellbeing 
• Impairment of a major body function 
• Serious dysfunction of any organ or body part 

You should inform your doctor if you suffer a health emergency so they can note the event in your chart. This may benefit your case. An injury must not be determined as an “emergency medical condition” within 14 days of an accident. If you seek medical care within two weeks, you should be eligible for PIP benefits.  

Contact a Car Accident Attorney in South Florida

At the Ward Law Group, we help you navigate the legal process for your claim with ease. If you have been in a car accident, contact us online for a free consultation or call us at 855-DOLOR-55.