NO FAULT CLAIMS ATTORNEY | BREVARD COUNTY, FL
Servicing Brevard County and all of Cocoa, Cocoa Beach, Indialantic, Melbourne, Merritt Island, Palm Bay, Rockledge, Sebastian, SunTree, Titusville & Viera.
In Florida we have a "No-fault" law. That does NOT mean that fault doesn't matter when you are involved in a car accident or are hit by a car when you are a pedestrian or on a bicycle.
The law simply means that some of your medical bills and lost wages will be paid by your own insurance company, even if the other party was at fault. No-fault also provides payment for prescriptions, physical therapy, and even mileage for visits to the doctor, pharmacy, or physical therapy. The payments may be subject to a deductible, which you must reach before the benefits will begin.
The "No-fault" law also may impact whether you are entitled to additional benefits from the other party. An attorney can tell you whether you meet those additional requirements.
WHAT YOU, NEED TO KNOW ABOUT INSURANCE WHEN YOU ARE INJURED IN AN AUTOMOBILE ACCIDENT IN FLORIDA
When you are hurt in an automobile accident, several different types of insurance coverage can become involved in the payment of your medical bills and lost wages. The following questions are the ones most frequently heard from our clients in the past and we therefore list them, along with answers, in the hope that this will help you understand your rights in what can be a most confusing area of the law. If you are a resident from a state other than Florida your auto policy should have a paragraphc stating that it will cover you as if the policy is a Florida auto policy.
1. Q: I have medical payments coverage under my auto insurance; what does that mean?
A: In addition to PIP you can purchase from your automobile insurance carrier a coverage called " Medical Payments Coverage". This is a supplemental coverage to your PIP. It will pay the other 20% of your medical bills that PIP does not pay up to the limits of the medical payments coverage. It is a particularly important coverage if you do not have other health insurance that will pick up the remaining 20% of your medical bills.
2. Q: What if I don't have health insurance?
A: If you do not have health insurance, then you are going to be personally responsible for the other 20% of the medical bills incurred until the end of the case. When the case is settled or a judgment obtained, that remaining 20% will be part of the damages recovered from the person who hit you. If you qualify for Medicare, then your bills should be submitted to Medicare for payment of the other 20%, not covered by your PIP.
3. Q: What is the difference if my PIP insurance pays for my medical bills or my health insurance pays for my medical bills?
A: Almost every health insurance policy issued by major insurance carriers today has a clause that requires you to pay back the health insurance company for any medical bills they have paid because of your injuries when you make a recovery from the person who injured you. This is legally knownas a subrogation clause, and we are required to notify your health insurance company when a settlement is made. You do not have to pay back to your automobile insurance company any monies they have paid under their PIP or medical payments coverage for the bills incurred in the automobile accident. It is, therefore, to your advantage to make maximum use of your automobile coverage so that later on more of the settlement dollars received will go into your pocket and not for repaying your health insurance company.
4. Q: Do you mean I have to pay back all of the money to my health insurance company when we settle?
A: When a settlement is made, this office will negotiate with your health insurance company to pay them back what they paid out, but at a substantially reduced rate. This is only fair because you have had to incur the time and expense of hiring an attorney and pursuing the claim. It may also be that you will not recover 100% of your damages because the other person involved in the accident may not have enough insurance. We deal with your health insurance companies in these situations to make sure that any repayment to that company is fair and equitable to you.
5. Q: Will my insurance company drop me as a result of this accident?
A: This is a question no one can answer with any degree of accuracy. Most companies do not drop their insured's coverage on the basis of claims made under the PIP and medical payments portion of their policy. However, this will depend to some extent on previous history with regard to automobile accidents and claims. If you are seriously concerned that your company will drop you, then it is our suggestion that you drop them first. Go out and purchase another automobile insurance policy with another company and drop your coverage before they drop you. That way, you can truthfully tell any other insurance company that you have never been cancelled or refused insurance in the past and at the end of the case if you wish to go back to your original company and purchase insurance, you can if they are willing to sell it to you.
6. Q: How long will the doctor treat me before you can make a decision on when to settle my case?
A: In almost every automobile case where the client has received some degree of permanent injury, it will mean the doctor will have had to treat you for a minimum of six months before he can render an opinion as to whether or not you suffered a permanent injury. This six-month minimum period of time is provided for in the book AMA Guidelines to the Rating of Physical Impairment which is utilized by virtually all of the medical and chiropractic physicians in this state. It is emphasized that this six-month period is a minimum period of time and often in serious injury cases, the time period for treatment can be much longer. It is therefore important that you continue to see your doctor on a regular basis if you continue to experience pain and difficulty as a result of your injuries. Without his seeing you on a regular basis, your case is severely prejudiced and you run the risk of not receiving full compensation for your injuries.
Telfer, Faherty, & Anderson, P.L. have represented the people of Brevard County for more than 30 years, protecting their rights against the carelessness of others. Telfer, Faherty, & Anderson, P.L. is local with three offices in Brevard County and is AV-1 rated by Martindale Hubbell, the highest ranking a Law Offices can receive.
MELBOURNE NO FAULT CLAIMS ATTORNEY | NO FAULT CLAIMS ATTORNEYS IN BREVARD