subject: How to handle a medical claim when rear-ended [print this page] Question: Question:
I was recently rear-ended (in FLA) while stopped and attempting toenter onto a highway. There was minor damage to my car. My two kids in theback were not injured. I suffered some neck/back pain, both new injury andaggravation of an existing condition. When I reported accident to myinsurance, I was informed that my insurance, which has been automaticallydrafted from account for 10 years, had lapsed. I wasn't aware of this butcorrected the situation ASAP. I am not looking to make any money (or war#but am wondering if the other insurance company will pay medical bills#chiro) when they learn of my coverage. I am prepared to pay out of pocketfor medical especially if a fight is anticipated. Any advice? Thanks!
Answer:
Nikki, since your accident occurred in Florida, I will presume youlive in Florida. I am a Florida accident injury lawyer, so I can tell youhow Florida law applies. But, if you live somewhere other than Florida, thelaws are most likely different and you should consult with an attorney inyour area.
Florida is a "no fault" insurance state for car accidents. This means thatno matter who is at fault for causing the accident, your initial medicalbills are to be covered by your own car insurance coverage.
Florida Statute section 627.736 requires that all drivers and owners of carsin Florida purchase personal injury protection coverage (PIP). PIP coveragecovers 80% of your medical bills and 60% of your lost wages, subject to anydeductible, and usually with a cap of $10,000. If your PIP coverage lapsed,you are responsible for your medical bills and lost wages. There is nothingin Florida accident injury laws that makes the at fault party's insurancecoverage responsible for your medical bills.
You can still pursue a claim for your injuries, lost wages, medical billsabove and beyond what your PIP should have paid, and pain and sufferingagainst the at fault party, and his/her insurance company. Even if you donot have PIP, if you were injured in the accident, you should get checkedout by a doctor to rule out any serious or permanent injuries.
If your injuries do not go away, you should speak to a Florida car injuryaccident lawyer soon. An experienced Florida car accident lawyer will knowhow to best proceed even if your PIP coverage has lapsed.
