Editor's Note: In this article, Christopher Tidballl expounds upon some key points in his latest "Blocking & Tackling" blog post.
The problem with the recent “fix” to the Florida no-fault statute is that it does not address the root cause of the problems, which run quite deep. As the legislature dove into auto insurance no-fault during its recent session, the focus was on personal injury protection (PIP) being the crux of the problem.
What the legislature failed to do in their quest to solve the staged accident epidemic is forsake true insurance reform for PIP reform, which will not work.
Certainly there are things that can be done to rein in out of control PIP costs, and this new law applies a band-aid in the form of a time parameter for which treatment must be obtained from a defined type of provider. Of course, unscrupulous providers will have no qualms about changing dates of service, just as medical documents from unethical providers have historically been altered to suit the needs of unscrupulous attorneys and claimants.
Another state, Pennsylvania, gives customers the choice of purchasing auto no-fault or having the right to sue.
Ain't No Sunshine
While the legislature made another attempt to fix the problem, its solution once again shows that they may not truly understand what the problem really is, or perhaps they are relying from advice of lobbyists who don’t want solutions to adversely impact their special interests.
In case you were wondering, here are my thoughts on ways to fix Florida’s broken system: