What is a class action lawsuit?
A class action is when a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.
What is negligence?
It is a failure to act reasonably in a situation. Doing something carelessly or failing to do something; for example, driving without your headlights on when dark. When a person fails to operate their motor vehicle in a reasonably safe manner which results in causing an accident with resulting property loss and/or personal injuries to another, they are deemed to have committed automobile negligence.
What are punitive damages?
Damages which are awarded in situations to punish the defendant. For example, a defendant that is driving under the influence and causes an accident resulting in injuries to others can be facing punitive damages.
What does pain and suffering include?
What is Florida “No Fault” Law?
The No-Fault law is essentially an agreement between the insurance companies and the Florida Legislature. Under the provision, insurance companies are required to provide a certain level of coverage for their insured if they are involved in a car accident, regardless of fault. In exchange, a victim of an auto accident can only bring a claim against an at-fault party if they have sustained a permanent an injury.
The insurance companies’ mandatory coverage of their own insured is called Personal Injury Protection or simply PIP.
What is Personal Injury Protection? (PIP)
Personal Injury Protection, or PIP, is coverage that every driver in Florida is required to carry on their insurance policy. State law requires a minimum of $10,000 coverage on every auto insurance policy. If you are in an auto accident, PIP will cover or reimburse a portion of expenses including medical bills related to injuries sustained in the accident, lost income, prescription medication prescribed for injuries, and the mileage to and from medical facilities for as long as you receive treatment.
How do I claim PIP?
No matter who is at fault, you will file a PIP claim with your own insurance company. If your own policy does not cover you, you may still qualify. You can do this through a relative you live with who owns an insured vehicle or as a passenger of an insured vehicle.
What if I don’t have PIP?
Even if you do not have PIP, you should still seek medical attention. You can file a claim against the at-fault driver of the accident to receive compensation for medical bills.
Who is going to pay for your medical bills?
Besides being injured and having damage to your property, an auto-accident can put you in a position of financial hardship. An ambulance ride, ER visit, X-rays and follow-up appointments can quickly add up to thousands of dollars of medical bills.
If you qualify for Personal Injury Protection (PIP), the PIP carrier will cover 80% of any and all medical expenses related to injuries sustained in the accident up to $10,000. Medical providers will submit bills to the PIP carrier (typically your insurance company) and will be paid directly on 80% of the balance. Once the insurance company has paid $10,000 in benefits, it will consider your PIP coverage to be “exhausted.” This does not mean that you cannot still treat with a doctor.
Who pays for the balance of the bills? Because PIP will only pay 80% of any medical bill if will leave the remainder of the bill your responsibility. These outstanding balances constitute “out-of-pocket expenses,” which can be claimed as damages against the at-fault party. There may be other forms of coverage available to cover the remaining balance including Health Insurance, Medical Payment Auto Coverage, Medicaid or Medicare.
What is Medical Payment Coverage or MedPay?
The state of Florida requires that all insured drivers carry $10,000 of Personal Injury Protection (PIP), to cover 80% of any medical bills directly related to injuries sustained in an auto accident. What happens to the other 20%?
If your insurance policy has an elective provision called MedPay, or Medical Payment Coverage, you may be entitled to full payment of your medical bills. MedPay is additional coverage that ensures that 100% of your medical bills are paid up to a certain coverage limit.
Do I have MedPay?
Give us a call for a free consultation and we can evaluate your policy.