I have helped my clients, including some of the largest medical providers in South Florida, collect millions of dollars in wrongfully withheld insurance benefits. I stand up to those insurance companies who profit from collecting premiums and wrongfully denying claims so you don't have to.

PIP Litigation

As you may well know, driving in South Florida is one of the most dangerous activities one can face on a day to day basis. According to recent studies, the Miami general area has the most per capita automobile accidents in the United States. Fortunately, this Miami PIP attorney has spent several years not only working for the auto insurance industry, but working against it as well. Our clients include private medical providers, chiropractors, orthopedic surgeons, diagnostic facilities and physical rehabilitation facilities. We help our clients to literally find money in their offices, as you would be surprised what looking at a few old files and unpaid medical claims can get you. If you are a medical service provider and you feel you may have been wrongfully denied payment of personal injury protection benefits, or PIP, contact our office today for a free consultation.

Florida’s PIP (Personal Injury Protection) litigation laws arise from the state’s former no-fault auto insurance system and are primarily governed by Section 627.736, Florida Statutes, along with related provisions and case law. Although Florida repealed mandatory PIP coverage for policies issued after January 1, 2022, PIP litigation still exists for older policies, pending claims, and legacy disputes. These laws control how medical providers, insureds, and insurers resolve disputes over medical benefits paid for injuries arising from motor vehicle accidents.

Under Florida PIP law, insureds were entitled to up to $10,000 in medical and disability benefits, regardless of fault, provided certain conditions were met. To receive the full $10,000, the injured person had to be diagnosed with an Emergency Medical Condition (EMC) by a qualified provider; otherwise, benefits were capped at $2,500. PIP litigation often centers on disputes over medical necessity, reasonableness of charges, proper coding, EMC determinations, and whether treatment was accident-related. Insurers frequently challenged claims through denials, reductions, or requests for examinations under oath (EUOs) and independent medical exams (IMEs).

Florida law historically allowed medical providers to sue insurers directly through assignments of benefits (AOBs), which fueled extensive PIP litigation. Attorney Eliot Dempsey and the Dempsey Law Firm note that, to curb abuse, the Legislature enacted multiple reforms imposing strict pre-suit notice requirements, documentation obligations, and limits on attorney’s fees. Before filing a lawsuit, a claimant generally must send a detailed pre-suit demand letter, giving the insurer an opportunity to pay or cure the alleged underpayment. Failure to comply with these statutory requirements can result in dismissal of the case.

Attorney’s fees and costs have been a central feature of Florida PIP litigation. Early versions of the law allowed one-way attorney’s fees in favor of insureds and assignees, but subsequent reforms significantly restricted or eliminated fee-shifting in many situations. Courts now closely scrutinize compliance with statutory conditions precedent, standing, policy language, and billing practices. Attorney Eliot Dempsey and the Dempsey Law Firm emphasize that Florida’s PIP litigation framework seeks to balance prompt payment of medical benefits with strong statutory controls designed to reduce fraud, excessive litigation, and inflated medical billing.

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