Through no fault of your own, you get into a car crash and are injured due to someone else’s negligence. Your car is damaged, you are hurt, you can’t go to work and the medical bills are mounting. Who is responsible for paying your medical bills?
In Florida, all drivers are required to carry automobile insurance. The minimum coverage required to have of property damage insurance is $10,000, as well as Personal Injury Protection (PIP). As of the date of this article, bodily injury coverage is not required under Florida Law.
The first money that will be spent to cover your medical bills is from your PIP coverage. This policy will cover up to 80% of your medical bills after an accident and up to 60% of lost wages if a wage loss claim is elected, with a limitation total of $10,000.00. PIP coverage is also referred to as no-fault coverage and is not required to be paid back out of any recovery from the at-fault party.
You may also have medical benefits coverage on your own automobile insurance policy which may cover medical bills caused in a crash.
After your PIP coverage and medical benefits coverage on your own policy have been exhausted, your personal medical insurance will be available to pay your medical bills. At this stage, your medical insurance provider will likely file a lien for reimbursement of the bills they are paying out of any settlement or recovery you may receive. While this may not seem correct, the medical insurance company has the right to be reimbursed for the bills they pay that are related to damage caused by a third party.
Another avenue for paying your medical bills comes in the form of a Med-Pay provision in an at fault party’s insurance coverage. This coverage can be directly applied to your medical bills to reduce what your PIP or your health insurance may need to pay.
If you do not have health insurance, it is possible for you to still receive treatment from medical professionals. In this scenario, the medical providers would hold your bills under a Letter of Protection (LOP) and get paid when the case is resolved through a personal injury settlement or other resolution. Florida Statute 768.0427 defines a Letter of Protection to mean “any arrangement by which a health care provider renders treatment in exchange for a promise of payment for the claimant’s medical expenses for any judgment or settlement of a personal injury or wrongful death action.” The standard of payment and billing under a LOP is restricted by Florida Law HB 837, so be sure to consult with an personal injury attorney before entering into any LOP agreement with a medical provider, so that you understand what you are agreeing to pay.
When you are injured in a crash, it can be very scary not only because of your injury, but also because of all the issues that come with it. At Mowrey Law Firm, we pride ourselves on answering your questions and walking with you through every stage of the legal process to ensure that you are treated fairly. It is important to make sure that all the proper parties are accounted for and held responsible.