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Hillsborough County Addresses staged car crashes

In a previous post, I questioned whether personal injury protection benefits (PIP) that are part of all automobile accident insurance policies in Florida should be eliminated. The reason I am critical of personal injury protection is that it is so susceptible to fraud. Over the years, the Florida Legislature has attempted to put in place restrictions to eliminate the fraud. However, the restrictions have not really helped.

According to Mike Salinero in an article posted on TBO.com, the Hillsborough County commissioners are attempting their version of PIP regulation. The commissioners have requested the county attorney to write an ordinance that regulates the medical clinics that provide medical care to people injured in car accidents. Their focus on regulating the medical clinics is based on the fact that these clinics are often at the center of the fraud. There are many reputable auto accident medical clinics. However, the dishonest ones recruit people that stage auto accidents and then fraudulently billed for medical services that were never provided. This type of fraud is so prevalent in Hillsborough County that in 2009 the Tampa Bay area became a national leader.

The purpose of the proposed new ordinance in Hillsborough County would be to require all clinics to register with the county and have a licensed physician be responsible for all written prescriptions. While the goal is a good one, it is unclear how this increased regulation will address the fraud problem. I guess we will have to wait and see the actual ordinance to get that clarity.

My experience as a car accident attorney in Tampa and throughout Florida makes me question whether any regulation of personal injury protection will do much to eliminate the fraud. It may be that the only way to eliminate the fraud is to eliminate PIP itself. In my practice I do see the benefit that PIP provides for people who would otherwise be unable to pay for medical care after a car accident. On the other hand, if PIP were eliminated, letters of protection could be used to provide medical care to most of these people.

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