- Car Accidents
After a car accident that isn’t your fault, one of your primary concerns is likely who will pay for medical expenses. Dealing with medical bills after a Miami car accident can be overwhelming, especially when you’re trying to focus on your recovery. Understanding who pays your medical costs and how to navigate the claim process is critical.
Florida is a no-fault state, meaning your PIP coverage should pay 80% of reasonable accident-related medical costs up to your policy limits. You can file a claim against the other driver’s insurance company if PIP coverage isn’t enough or if you suffer a serious injury as defined by Florida law.
A Miami car accident lawyer can be invaluable in guiding you through the complexities of Florida’s insurance laws and helping you receive the compensation you deserve.
No-Fault Insurance: PIP Pays Medical Bills After a Miami Car Accident
Florida operates under a no-fault insurance system, and PIP coverage pays medical bills after a Miami car accident. Florida Statute 627.736 details coverage limits for PIP claims.
PIP covers 80% of reasonable and necessary medical expenses related to the accident. While PIP may pay up to $10,000 for medical bills, coverage is limited to $2,500 for injuries that don’t require emergency medical care.
- Covered Medical Bills: This includes emergency transport, hospital stays, surgical procedures, diagnostic tests, follow-up doctor visits, physical therapy, and prescription medications.
- Lost Wages: PIP also covers 60% of lost wages if your injuries prevent you from working.
- Time Limit: You must seek initial medical treatment within 14 days of the accident for your injuries to be eligible for PIP coverage.
- Minimum Policy Limits: All Florida drivers must carry at least $10,000 in PIP coverage, but some drivers opt for higher limits.
What If PIP Doesn’t Cover All Medical Bills After a Car Accident?
While PIP is the primary coverage for medical bills after a car accident in Miami, it may not cover all your expenses. You have several options in this scenario.
Health Insurance
Once you’ve exhausted your PIP benefits, your health insurance can cover the 20% of medical expenses not paid by PIP. Your health insurance company may seek reimbursement from any settlement you receive from the at-fault driver’s insurance company through a process called subrogation.
Medical Payments Coverage (MedPay)
If you’ve purchased MedPay as part of your auto insurance policy, it can help cover costs that PIP does not, including deductibles and co-pays.
Filing a Claim Against the At-Fault Driver
If your medical bills and lost wages exceed PIP insurance limits, you can file a claim against the other driver’s insurance company to recover the remaining amount.
You can also pursue a personal injury claim against the at-fault driver if you suffer a serious injury as defined by Florida law. Unlike PIP insurance, a personal injury claim can provide pain and suffering compensation.
The definition of a “serious injury” in Florida law includes:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
Uninsured/Underinsured Motorist Coverage
If the at-fault driver doesn’t have insurance or doesn’t have enough coverage to pay for your medical bills, your own uninsured/underinsured motorist coverage can come into play. This optional coverage can help bridge the gap between your expenses and the available insurance coverage.
The Importance of Timely Medical Treatment
If you want your medical bills paid after a Miami car accident, timely medical treatment is essential.
You must receive initial medical care within 14 days of the accident to file a PIP claim. If you file a personal injury case against the negligent driver, medical records are key in proving the accident caused your injuries.
Even if you don’t think you’re seriously injured, get checked out by a medical professional. Some injuries, such as whiplash or internal injuries, may not be immediately apparent but can worsen over time.
The Role of a Miami Car Accident Lawyer
An experienced Miami car accident attorney can help you navigate the legal process and recover the compensation you deserve for medical bills, lost income, and other damages.
- Gather Evidence: Your lawyer will collect evidence like witness testimonies and medical records to build a strong case.
- Negotiate with Insurance Companies: A Miami car accident lawyer will communicate with insurance companies and negotiate for the maximum settlement.
- Represent You in a Personal Injury Lawsuit: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court.
Steps to Take After a Miami Car Accident
To ensure you’re in the best position to have your medical bills covered, here’s what you should do after a car accident in Miami:
- Call 911 if anyone is injured. Report the car crash to the police.
- Exchange contact and insurance information with the other driver.
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Ask witnesses for their names and contact information.
- Seek immediate medical attention even if you don’t think you’re seriously injured.
- Notify your car insurance company as soon as possible.
- Contact a Miami car accident lawyer to protect your rights.
- Keep detailed records of all medical treatments, expenses, and communications with insurance companies.
- Avoid signing any documents or agreeing to settlements without legal advice.
Contact Us Today for a Free Case Review
Dealing with medical bills after a Miami car accident can be a complex and stressful process. Florida’s no-fault insurance system provides a foundation for covering immediate medical expenses. However, severe injuries or high medical costs may require additional sources of compensation.
Understanding your rights and options is crucial. From utilizing your PIP and health insurance coverage to potentially pursuing a claim against an at-fault driver, there are various avenues to explore to cover your medical expenses.
Remember, the key to protecting your health and financial well-being after a car accident is to act quickly. Seek medical attention promptly, document your injuries and expenses meticulously, and talk with a Miami car accident lawyer who can guide you through the process and fight for your rights.
Our attorneys at Miami Lawyers 360 are dedicated to helping car accident victims. We only get paid if we secure compensation for you. Contact us today for a free case review. Our team speaks English and Spanish.