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Who will pay my medical bills after a car accident?

Your own car insurance initially pays for your car accident medical bills.  Your bills are paid from your PIP coverage.  PIP stands for Personal Injury Protection. Even if you are not at-fault for the car accident, your own PIP pays for your medical bills. Generally, your PIP will pay up to $10,000.00 for medical bills.  However, it only pays 80% of each medical bill. Once the $10,000.00 is exhausted, your PIP coverage will not pay any more car accident medical bills.

Who will pay the 20% of my medical bills that PIP does not pay?

If you were not at fault for the car accident, you may be able to recover the remaining 20% from the driver who was at-fault. You may also be able to recover the remaining 20% from owner of the car, if different than the driver. If the at-fault driver or owner has bodily injury insurance coverage, then generally you will make the claim with this insurance company. If the at-fault driver does not have insurance coverage, then you may be able to recover the remaining 20% through your own uninsured motorist coverage.

Your health insurance may also cover the 20% that PIP does not pay. Generally, you should submit your medical bills to your health insurance after your car insurance pays. However, if you have a large deductible, the bill may not be paid.

I was at fault. Who will pay my car accident medical bills?

If you were at fault for the car accident, then it is unlikely you will be able to make a car accident claim. The bodily injury coverage of the other driver only covers people who are harmed by that driver’s negligence. Your uninsured motorist coverage generally only covers you if you were harmed by another driver who did not have insurance coverage.

Your PIP insurance will still pay 80% of your medical bills up to $10,000.00. It is recommended that you submit your remaining bills to your health insurance company.

I don't know who was at fault. Can I make a claim for my car accident medical bills?

You may be able to make a claim even if you are partially at fault for the accident. Florida follows a legal doctrine known as “comparative fault.” This allows someone who is partially at fault for an accident to still make a claim. However, your settlement may be reduced by the percentage you are at fault.

Even if you received a ticket or citation for the accident, you are not precluded from making a car accident claim.

How does an insurance company determine who was at fault for a car accident?

An insurance adjuster will look at the crash report completed by the investigating officer. The insurance adjuster will also try to obtain statements from the drivers, passengers, and any witnesses. Often, the insurance adjuster relies heavily on the crash report. However, the majority of the time, the police officer did not observe the crash. Generally they just speak to the drivers. Therefore, the police officer’s conclusion could be wrong. This can then create a problem for your car accident claim.

Once the insurance adjuster determines who is at fault, he or she may assign percentages of fault to multiple drivers. It is important to know that these numbers are just the insurance adjuster’s best guess. They are not set in stone. If you were initially found partially at fault for a crash, you may be able to persuade the insurance adjuster that you were not at fault. Or persuade the insurance adjuster that you are only partially at fault – and still be able to get some or all of your car accident medical bills paid

What is med pay?

“Med pay” or medical payments coverage is additional coverage that you can purchase with your car insurance company. Again, PIP coverage pays 80% of your car accident medical bills. Med pay will cover the remaining 20% up to the coverage limit. Most med pay policies in Florida cover up to $5,000.00 of car accident medical bills. That $5,000.00 is in addition to the $10,000.00 that PIP pays.

Does PIP cover mileage and lost wages?

Yes. In Florida, PIP covers mileage expenses you incur while driving to and from your doctor or for medical treatment. Generally, your PIP insurance will also pay 60% of your lost wages if you miss work due to your car accident injury. However, insurance companies give you the ability to exclude these coverage from your PIP in order to save you money on your insurance premium. If you excluded mileage reimbursement or lost wages from your PIP, your insurance company will not pay you for these expenses.

How do I start a PIP claim?

Contact your insurance company. Calling your insurance company is usually the fastest way to open a new PIP claim. Some insurance companies allow you to open them online through their website or by email. Your insurance company will give you a claim number. You will need to give this claim number to your doctor, physical therapist, chiropractor, MRI facility, hospital, and anywhere else you receive medical treatment.

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