After a Florida car accident, it can be confusing to try to understand who is responsible for paying your medical bills. This is because, under Florida law there are several insurers who could be responsible for paying these expenses. It is important to understand how Florida law affects your ability to recover medical damages in your car accident case, particularly if you are seriously injured. In some cases, a personal injury attorney may be able to help you recover money for your medical bills and other expenses.
Sources of Medical Payments Under Florida Law
Florida is a “no-fault” state with specific laws about who pays medical claims in the event of an accident. The primary source of medical bill payment is your own insurance company. However, Florida only requires PIP or personal injury protection in the amount of $10,000, so any medical bills beyond that amount may require another source of payment.
Here are some ways you can recover payment for your medical bills under Florida’s insurance rules:
- Your own PIP coverage. Personal injury protection is designed to pay for relatively minor medical costs when you or your passengers are injured in an accident. If anyone is admitted to the hospital or must undergo continuing therapy, PIP coverage may not be enough to pay the total.
- MedPay. A special type of policy called “MedPay” can be purchased in addition to PIP coverage. This is not required but recommended, as it offers a greater degree of protection than PIP alone.
- Health insurance. PIP pays only 80 percent of your medical claims. This means that 20 percent of the bill will be your responsibility. If you have health insurance, this coverage may pay that 20 percent. However, you may also be responsible for the deductibles your insurance company charges, and this can add up to thousands of dollars in out-of-pocket expenses for an accident victim.
- Personal injury claim. Once you have exhausted PIP, MedPay and your own health insurance, you may be entitled to more compensation. If this is the case, a personal injury claim may be able to recover the amounts that you need for your medical bills as well as other expenses such as lost wages and compensation for Mental and Emotional issues that result in pain and suffering.
Can Anyone File A Personal Injury Claim?
Florida’s No-Fault Insurance Law was passed in order to limit the number of personal injury cases filed each year. However, the law does not stop you from filing a personal injury case; it simply means that the standard for filing and winning a personal injury case is slighting different.
No-fault or PIP coverage must pay a certain portion of your medical bills up front and is your first line of defense after a crash. However, once you have exhausted the limits of PIP coverage and you are forced to pay out-of-pocket expenses such as deductibles and other costs, you may be entitled to compensation from the at-fault driver.
Contact a personal injury attorney immediately if you are involved in an accident. A personal injury attorney may be able to help you recover more compensation than the insurance company is willing to pay.
The auto accident attorneys at David & Philpot, PL will review your case (free of charge) and help you determine how your medical expenses will be paid. Contact us today for a no obligation consultation.