Who Pays for Your Medical Bills After a No-Fault Accident in Florida?

Under the state’s no-fault insurance system, your personal injury protection (PIP) car insurance policy will pay for your medical bills after an accident in Florida. However, the medical care costs for your injuries could exceed the policy limits. The remaining balance of medical bills may be covered by other sources, such as additional insurance policies you may have, your medical insurance coverage, and the coverage of the driver who was responsible for the accident.

After an auto accident, you may be in pain and overwhelmed by the legal process. Our Florida car accident lawyers can help you navigate it. We provide free case consultations and can explain how you can get all your losses covered, including your medical bills. 

Understanding Florida’s No-Fault Insurance Laws

Florida is a no-fault insurance state regarding auto accidents. This designation means that all drivers are required to carry their own insurance to cover their medical bills in the case of an accident.

According to Florida Statutes § 627.736, all drivers are required to carry a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL) coverage to register and operate their vehicle on the road. After a car accident, you would seek compensation from your PIP policy first, which would provide the following benefits: 

• 80% of your reasonable medical bills 
• 60% of your lost wages

Additionally, your benefits are up to the policy limits, which for minimum coverage would be $10,000. 

Benefits and Drawbacks of Florida’s No-Fault Laws

A no-fault insurance system eliminates the need to prove liability for most car accidents. Whether the accident was your fault or another driver’s, you can access your PIP insurance coverage immediately to cover your medical care costs.

However, your medical expenses could easily exceed your minimum policy limit, especially if you suffered a catastrophic injury, such as a traumatic brain injury. Plus, you cannot sue the at-fault driver in a no-fault system unless you meet certain criteria. 

Florida Statutes § 627.737 allows you to sue the at-fault driver if your injuries meet the serious injury threshold. The criteria for this threshold include the following: 

• Permanent loss of a bodily function
• Permanent injury 
• Permanent scarring or disfigurement
• Death

Your compensation could also be impacted by Florida’s modified comparative negligence laws. The insurance companies could use Florida Statutes § 768.81 to devalue or deny your claim. Under this statute, your degree of fault in the accident will reduce your compensation accordingly. Plus, if they find you to be more than 50% at fault, they could deny your claim. 

Our Florida personal injury lawyers can help you understand how these laws and others may apply to your case. They can also protect you from questionable tactics by the insurance companies.

Other Avenues for Pursuing Compensation for Your Medical Bills After an Accident

In addition to your own PIP insurance coverage, there are several other ways you may be able to recover compensation for medical bills and other damages you incur in a car accident. Other avenues may include:

Additional Insurance Policies You Carry

While all drivers are required to carry a minimum of $10,000 worth of PIP coverage, you may have elected additional coverage. Your policy may have a higher cap, or you may have uninsured/underinsured motorist coverage (UM/UIM). These policies may pay your medical bills over the $10,000 cap.

The Other Driver’s Insurance Company

In some cases, the other party’s insurance may be required to pay for your medical treatment expenses and other damages. In these cases, you will need to prove liability and file a claim. You may also be able to recover additional damages, including lost wages and pain and suffering.

Our Florida accident attorneys can help you understand your legal options after a car accident.

The Other Driver’s Employer

If the other driver was working at the time of the accident, you may be able to hold their employer responsible for negligence. For example, if a company pushed a commercial driver to work longer than federally permitted or failed to train their driver, they could be held liable for your medical bills and other damages after a car accident you did not cause.

Other Third Parties

Depending on the details of your case, another third party may be held liable for your medical costs. For example, a manufacturer may be held liable if you sustain injuries due to a tire blowout, and the company knowingly allowed the defective tire to remain on the market.

You Have a Limited Time to Sue the Other Party for Your Medical Bills and Other Damages

The insurance companies have their own deadlines for filing a claim. These are usually outlined in the policy, and missing them could affect your ability to get compensation. However, if you want to go beyond the insurance process and file a lawsuit, Florida law sets its own time limits.

According to Florida Statutes § 95.11, you typically have two years to file a personal injury lawsuit. If your claim is against a government agency, the deadline is even shorter, and you must follow special procedures to file a notice of claim before suing.

No matter who you’re filing against, don’t wait. If you miss the statute of limitations, you could lose your chance to recover any compensation at all.

Hire a Personal Injury Lawyer in Florida Today

To find out exactly how much time you have to take legal action, call a car accident lawyer who will review the details of your case. Acting quickly helps protect your case and gives your legal team the best chance to build a strong claim. The sooner you get legal help, the more time your lawyer has to work on your case and show the full extent of your injuries.

If you sustained injuries in an accident and are worried you may be on the hook for medical bills, a personal injury lawyer can help. You should not have to suffer because of an accident that was not your fault.

Call Chalik & Chalik Injury Lawyers Regarding Your Medical Bills Following a Car Accident in Florida

A car accident can be traumatic, but the aftermath can be frustrating as you try to navigate the legal process. You may be worried about who will pay for your medical bills and how to recover compensation for injuries that are not your fault.

The Debi and Jason Chalik at Chalik & Chalik have the experience and the legal understanding to help you pursue compensation for your injuries. Reach out to our legal team today. We offer a free case evaluation to help you understand your legal rights.