If you are injured in an accident caused by another party’s negligence or wrongful act, you may be unsure what to do. A question many accident victims have is how to cover their medical expenses. For example, will their health insurance cover their care and treatment, or will a personal injury settlement cover these costs?
This is a good question and gets to the “heart” of a personal injury claim – ensuring that you (the accident victim) do not incur any accident-related costs.
At Fetterman Law, our legal team can answer this question and any other you have about making a personal injury claim in Florida. We are staunch advocates for innocent victims and will provide you with the best legal representation in the area.
The Role of No-Fault Insurance in Florida Personal Injury Cases
In the state of Florida, a victim of a car accident will turn to their no-fault insurance policy first for medical cost coverage. This is pursued before hiring a personal injury attorney and filing a personal injury claim. Along with health insurance, Florida vehicle owners must have PIP – personal injury protection. This is a type of no-fault auto insurance. For Florida drivers, the minimum amount of PIP coverage that is required is $10,000, which will pay for your immediate medical treatment and care.
If you experience more serious injuries and your medical costs exceed $10,000, you are encouraged to hire a personal injury lawyer and file a personal injury claim. To have a successful claim, you (with the help of your attorney) must show that the other party’s negligence resulted in the accident and your injuries. The personal injury claim process can be challenging, so having an injury lawyer represent you is highly recommended.
Health Insurance and Your Personal Injury Claim
If you have health insurance, you may wonder if it will cover your medical costs or if you should rely on it for this. You probably also wonder if doing this will impact your personal injury claim payout.
The short answer to this inquiry is that it’s smart to use your health care coverage to pay your medical bills after your accident, up to the limits it offers. When you do this, it will help you avoid accumulating a lot of medical debt. If you decide to move forward and file a personal injury claim and your claim is successful, and you receive a settlement, then the money you receive will be used to reimburse your health insurance provider. The goal of this is to ensure that the insurer that has coverage for the driver who is at fault covers your damages – not you nor your health insurance company.
It’s important to note that a personal injury claim is not just filed after a car accident. It can also come into play after an injury caused by dog bites, slip and fall accidents, truck accidents, and more. You can rely on your health insurance to cover your medical treatment in each situation first. You use these funds to repay your health insurance company for the coverage if a settlement is received.
Some of the types of compensation or “damages” that you can receive from a personal injury claim include:
- All medical costs related to your accident
- Any future medical costs related to your injuries
- Wages you lost due to being out of work while you recovered
- Your loss of income down the road
- Emotional distress
- Pain and suffering
- Property damage or destruction of property
After an injury caused by someone else, the top priority should be to receive medical care. You should not have to worry about how the cost of this will be covered.
It is not an option to keep the funds from the personal injury settlement without repaying the insurance provider. Once they discover your injuries were caused by an accident, they will require repayment from the at-fault party.
Health Insurance Liens Against a Personal Injury Settlement
Your health insurance company will want to recover all costs covered after an accident. It may file a lien against your claim to recover what has been paid. This is called subrogation.
Contact Our Legal Team for Help with Your Personal Injury Claim
If you are injured in an accident caused by another party, our legal team at Fetterman Law is ready to provide the legal services you need. We can help you receive the compensation you deserve through personal injury mediation or by going to trial. The first step is to get in touch with our legal team to schedule a free initial consultation. We will learn about your case and make a plan to move forward with your personal injury claim.