Archive for November 3rd, 2010

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Receiving Medical Care After Car Accident Lawsuit

November 3, 2010

I live in Florida and I was in a car accident last year, and my case was handled by an attorney per my spouse advise.  Before the case went to trial I chose not to pursue it.  Unfortunately, there were still attorney fees, so the monies offered by the at fault party was used to cover those expenses, leaving me with a VERY small settlement.

My question is, can i still receive medical care paid for by my medical carrier or my auto carrier now? My main concern has always been to continue receiving medical care, not the money.  At this point, I don’t know what my options/rights are. Im not looking to sue anyone, I just dont want to have unexpected doctor bills.

Thank you so much.

Answer:

Michelle, in Florida, drivers are require to have Personal Injury Protection insurance coverage.  This is also known as PIP coverage.  Your email says you have a “medical carrier” and an “auto carrier”, but you don’t indicate whether you have PIP.

If you do have PIP, that coverage will remain in effect to pay all reasonable and necessary medical bills arising out of the accident until the policy limits are exhausted.  PIP policy limits on most policies are usually $10,000, although you can elect higher limits.  If your policy limits are not exhausted, you can still seek medical treatment and have the bills paid through your PIP coverage.   Remember though, that PIP only pays 80% of the bills, not the entire amount, so you may be responsible for a portion of the bills even after PIP pays.

You should also check to see whether your policy had medical payments coverage, also known as “medpay”.  Medpay also will pay for your medical bills.  It pays 100% of the bills above and beyond what PIP pays.

The fact that your case is closed does not affect whether you can still pursue medical treatment through PIP or medpay.

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