Florida currently requires auto drivers to carry personal injury protection of at least $10,000 in medical benefits. But critics say that isn鈥檛 enough to cover health care costs when there鈥檚 an accident. Lawmakers are considering changing up the insurance coverage drivers must have.
Edgewater resident Adrienne Gorham was driving with her children in Leesburg in 2015 when she was struck by a speeding driver. Gorham said a Corvette ran a red light and t-boned her car, striking the driver鈥檚 side door from the side. She and her daughter were knocked out.
鈥淲hen I came to, my son was actually already out of the vehicle running around, trying to get help, screaming for help," she said. "And then I was like 鈥楨mily, Emily鈥� and she wasn鈥檛 responding and that鈥檚 when I realized her face was down in the seat in a pool of blood and I freaked out and thought the worst.鈥�
Florida鈥檚 Motor Vehicle No-Fault Law, also known Personal Injury Protection or PIP, requires all drivers to carry $10,000 in medical, disability and funeral protection. That's the case no matter who鈥檚 at fault in the accident. Gorham said she鈥檚 struggling to pay her family鈥檚 medical bills she鈥檚 stuck with because the at-fault driver only had the minimum coverage.
She said she supports legislation by Rep. Erin Grall to do away with PIP and raise bodily injury coverage to $25,000 a person and $50,000 per incident. Bodily injury would be required before registering a vehicle. But insurance companies and physician groups oppose the legislation. Insurance companies say dumping PIP moves Florida to a system of litigation. Gorham ian鈥檛 sue the other driver because of the Florida鈥檚 No-Fault Law. But that would change with a mandatory bodily Injury system.
鈥淲e can bring meaningful value into a system that places fault appropriately on the person who caused the accident,鈥� Grall said.
Florida鈥檚 PIP law has long been blamed for insurance fraud. It鈥檚 been revised several times since 2000 to try to curb "bad faith claims." But those reforms have also restricted coverage. PIP was created in 1971 as a way to reduce lawsuits over traffic lawsuits.
Opponents of the legislation said they can鈥檛 support the legislation because it doesn鈥檛 protect them from phony legal claims.
Orlando Attorney Coretta Anthony Smith disputes the charge this opens the door to more fraudulent claims. But she said taking PIP away would hurt low-income Floridians who are injured. She says getting through the court process would take too long.
鈥淢y most recent case that - I felt really bad for her 鈥� she was an employee at Chik-fil-A," she said. "She鈥檚 walking across the street to catch a bus and she鈥檚 hit by a car. So thankfully, she did have the $10,000 in PIP coverage to pay for her lost wages that didn鈥檛 even go to medical bills, it went to her lost wages because she couldn鈥檛 work. She couldn鈥檛 walk at all.鈥�
Lawmakers most recently made changes to Florida鈥檚 No Fault law in 2012. The aim was to reduce Floridians鈥� auto premiums and reduce PIP claim amounts. A legislative analysis shows that premiums fell by more than a statewide average of 13 percent as of January 2014. But a 2016 report on the PIP reforms found the savings are eroding.
Adrienne Gorham鈥檚 family still suffers from the car accident. Gorham has herniated and bulging discs that give her pain every day because of the accident. Her daughter鈥檚 face hit the back passenger window and she has trouble breathing out of her nose. Her son suffered hip and spinal injuries. She says she鈥檚 hounded by creditors every day on the thousands of dollars in medical bills she owes. She didn鈥檛 have medical insurance at the time because she made too much to qualify for Medicaid.
鈥淓veryday I get a bill," she said. "I get three-to-four-harassing phone calls every single day. I literally can鈥檛 answer my phone without disguising my voice or not answering it at all.鈥�
Grall鈥檚 bill made it out of its first committee, but it still faces an uphill battle. Similar legislation is also filed by Senator Jeff Brandes, Senator Tom Lee and Representative Bill Hager.
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