Being involved in a car accident is scary, and following the event, you will likely have medical bills to pay. The next question on your mind is likely to be who pays. When it comes to car insurance, Florida is a no-fault state. That means that the responsibility of your medical bills is dependent upon your car insurance policy, the severity of your injuries, and your health insurance.
You should work with an experienced law firm in Florida to ensure you get the right compensation for your medical bills and any other money lost through lost wages or car repair. The Law Place offers a free consultation with an experienced personal injury lawyer, so get in touch with us today on 941-444-4444.
Does Your Accident Fall Under No-Fault?
When trying to determine who will pay for your medical expenses after a car accident, the first step is to figure out whether your case falls within the no-fault system. According to Florida Statute 627.7407 all drivers in Florida must have no-fault car insurance coverage. This covers you for any minor injury that you might suffer from following an auto accident.
The standard rule is that each driver involved seeks compensation from their own insurance company, even if they are at fault. However, if you are left with severe or permanent injuries that meet the definition of a qualifying injury under the law in Florida, then you can claim the at-fault driver to seek compensation.
We can help you to determine what type of case you have so that you can figure out who should be paying your medical bills.
For a free legal consultation, call 941-444-4444
What If Your Injuries Are in the No-Fault System
If your injuries fall under Florida’s no-fault system, then the order for compensation is as follows:
- Personal Injury Protection (PIP insurance).
- MedPay supplemental coverage.
- Your health insurance company.
Personal Injury Protection Insurance (PIP)
At the core of Florida’s no-fault system is Personal Injury Protection (PIP insurance). PIP insurance pays for your medical bills following an accident, whether or not you were at fault.
According to Florida Statute 627.736, PIP insurance is the primary payer following a car accident and must pay first. Remember, after an accident, you must seek medical care within 14 days to receive full PIP benefits.
PIP insurance is required to pay 80 percent of your medical bills, up to your policy limit. The lowest policy limit is 10,000. Therefore, if you receive 10,000 in medical bills, then your insurance must pay $8000 minus any deductible. You may have a deductible that you have to pay before your insurance coverage kicks in. PIP is also required to pay 60 percent of lost wages up to the coverage limit.
What Pip Insurance Must Cover Following an Accident
Florida’s no-fault laws dictate the types of medical services that are covered by PIP insurance.
- Hospital, ambulance, and nursing services.
- Medical, x-ray, dental, surgical, and rehabilitative services.
- Follow-up care.
- You must have a doctor’s order for medical care.
- The treatment facility must be medically licensed.
- Any injury inflicted because of self-harm or while you’re committing a felony is not covered.
- Acupuncture and massage therapy are not covered.
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How Do I Receive Payment?
To ensure that your bills are paid, you must give copies of billing statements to your insurance company. The insurance company should pay the bills quickly after receiving them. If they take more then 30 days and if it does then the insurance company’s payment is overdue.
After your PIP insurance company has covered any losses from your auto accident up to the limits of your policy, the next step is to turn to MedPay for additional coverage.
MedPay is an optional coverage that covers medical bills that PIP won’t pay. You can purchase MedPay that covers the other 20 percent that PIP won’t pay, or you may have coverage that pays more than PIP.
Health Insurance Provider
Once you have exhausted both PIP and MedPay, the next step is to turn to your health insurance provider. Your health insurance should pay benefits in line with your policy once PIP and MedPay have paid out to their policy limits.
Medicare and Medicaid
If you rely on federal programs, then they will pay for medical bills after an accident. However, you may be expected to reimburse some of these costs. Following treatment, you must report the accident to Medicare or Medicaid, who should be reimbursed. If you do not report the accident, then you may lose your coverage. You could be expected to write to them with details of the accident and the treatment you received. Your car accident attorney can help to guide you through this process.
Florida state law requires most employers to have worker’s compensation insurance. If the accident occurred while you were at work, then your employer’s workers’ compensation coverage is required to pay all of your medical bills, including deductibles. They are also expected to pay any transportation expenses for going to and from doctors’ appointments. If this does not happen, then you should speak to a car accident attorney.
If you have exhausted PIP, MedPay, and your health insurance and are left with bills after a car accident, then you may have to pay out yourself. This is why it is so important to have the right insurance policy. Although you must have $10,000 covered, you can choose to have more covered. This could prevent you from having to use your health insurance or dipping into your wallet.
If your medical costs exceed your insurance coverage, then you may want to sue the at-fault driver with help from a law firm. You will have to pay out for bills while your case is being decided, but you should receive a settlement amount that includes compensation for any financial hardship you endured as a result.
What Do I Do If the Insurance Company Won’t Pay?
So long as you bought PIP insurance to comply with Florida’s no-fault laws, then you have a right to benefits. If the insurance company won’t pay you what you are entitled to, then you can enforce your rights. Get in touch with a personal injury lawyer, and they will help you to seek payment.
If Your Injuries Are Outside of the No-Fault System
If you are left with an injury that is severe or permanent, then you can go outside of Florida’s no-fault insurance system and bring a claim directly against another driver.
Your attorney may seek a settlement amount through their insurance, or they might help you to bring your case through the legal system. Following an accident, it is essential that you receive the compensation that you deserve.
How an Accident Lawyer Can Help
The legal team at The Law Place has helped thousands of victims, just like you, to get the compensation that they deserve. The weeks or months following an accident can be stressful, and it is essential to have the right support and guidance.
When you hire our law firm, you get the advantage of several eyes on your case. Unlike other law firms, we work as a team to ensure the best possible support.
Call now on 941-444-4444 for a free no-obligation review of your case.