Car Accident Injury Claim and Health Insurance
Car accident injury claim victims begin by asserting a PIP claim. PIP stand for Personal Injury Protection. Car owners and covered victims can request immediate payment of their medical costs. There are conditions. In Florida car accident injury claim cases, the car owner is usually covered by PIP. Members of the car owner’s household are usually covered. Passengers who don’t have their own PIP should also be able to make PIP claims.
PIP pays 80% of your medical bills but only up to $10,000. If you claim more than $2,500, you need to show that you had a medical emergency. A medical emergency means that you sought approved medical care within 14 days of the accident. Your doctor must also verify that your condition wasn’t just a small cut. The physician needs to support your claim that you had a true emergency medical condition.
MedPay pays the 20% that PIP doesn’t pay. You can get an extra $5,000 in coverage through MedPay. MedPay also pays incidental expenses such as having someone do your chores.
Both PIP and MedPay cover wage loss up to the policy limit.
PIP and Medpay car accident injury claims do not require that you prove someone was at fault for your injuries.
Car accident injury claim considerations
There’s a long delay between the date of the accident and the time of settlement or trial. Before your Florida car accident injury claim lawyer can settle your claim, you and he need to understand the medical prognosis. You need a diagnosis of your injuries. Your doctors should explain how long the recovery process will take. The doctors should review what physical and emotional limits you may have for the rest of your life. You need to know which doctors you will see, why, and how often. Your doctors and lawyer should review possible complications.
Your Florida attorney will normally file a complaint. The driver or car owners will file answers. Both sides will then take discovery. After discovery, you may be able to settle your case. If the insurance company or defense lawyers are being unreasonable, you then need to request a jury trial.
During this delay period, you need the medical care that will help you. Surgeries and doctor visits cost a fortune. Visits with physical therapists, psychologists, and other health providers cost a lost. These doctors and providers need to get paid.
Odds are your PIP insurance and MedPay insurance won’t be nearly enough. The liability carrier for the car driver, car parts manufacturers, and other responsible parties won’t advance the medical costs. Your UM/UIM insurance only pays after fault is clear and only if the defendant’s insurance can’t pay your damages.
The common solutions to medical treatment payments
There are generally two ways that health care providers can be paid while you wait for your case to settle or go to court.
- The first is to use your own health insurance policy such as Medicare, private insurance, or Affordable Care Act coverage. If you use your own health insurance, you still need to keep track of all the bills. You will have the right to demand that the defendant’s insurance or your UM/UIM insurance pay these bills. When settlement or a verdict occurs, the proceeds include reimbursement to the health insurance company.
- The second is for the doctor or health professional to defer payment until the case settles. Some doctors are willing to do this provided the agreement to defer payment is in writing. The person filing the car accident insurance claim also agrees that if they lose the case or there aren’t enough damage proceeds, that the patient is responsible for the deferred bills.