If you've been injured in a car accident in Orlando, Florida, one of the most stressful things you're probably dealing with is figuring out how to pay for your medical expenses. Florida's no-fault insurance system can make this process even more confusing. In this article, we'll discuss who is responsible for paying your medical bills after a Florida car accident and what steps you can take to protect your rights and financial wellbeing.
How Many Drivers in Florida Don’t Have Auto Insurance?
As of April 2024, roughly 6.26% of registered drivers in the State of Florida don’t have auto insurance. Data from the Florida Department of Highway Safety and Motor Vehicles found that 1,014,377 out of the total 16,207,458 registered drivers in Florida are uninsured. However, this is the data for registered vehicles in Florida, and the total number of uninsured drivers is the State is much higher because a lot of people are driving unregistered vehicles.
According to the Insurance Information Institute, Florida’s total number of uninsured drivers is closer to 16%, putting Florida in the top 15 states for uninsured drivers. With so many uninsured drivers on the road, an auto accident can be financially devastating.
Florida's No-Fault Insurance System
Florida is a no-fault state, which means that regardless of who caused the accident, each driver's insurance company is required to pay their medical expenses and lost wages up to a certain limit. This coverage is known as Personal Injury Protection (PIP) insurance, and it is mandatory for all Florida drivers.
Under Florida law, PIP coverage will pay up to $10,000 in medical expenses and lost wages, regardless of who was at fault for the accident. However, this coverage is only available if you seek medical treatment within 14 days of the accident. Accordingly, you need to seek medical treatment as soon as possible after an accident.
Using Your Health Insurance
If you have health insurance, you may be able to use it to pay for some of your medical treatment after a car accident. Your health insurance, along with your PIP coverage, could cover a significant portion of your medical expenses.
It's important to note that if you use your health insurance to pay for your medical treatment, your health insurance company may seek reimbursement from your PIP coverage or the at-fault driver's insurance company. This process is known as subrogation, and it allows your health insurance company to recover the money they paid for your medical expenses.
Uninsured Motorist Coverage
If the driver who caused your accident did not have car insurance or was underinsured, you may be able to turn to your own uninsured motorist coverage (UM) to pay for your medical expenses. Uninsured motorist coverage is optional in Florida, but it can provide valuable protection if you are injured by a driver who does not have sufficient insurance coverage.
We strongly advise our clients to purchase UM. This coverage can make all the difference when it comes time to pay for medical bills after a car accident.
Steps Involved in a Car Accident Claim
Every case has unique facts, and thus the path to recovering money will vary from case to case. However, every case follows a fairly similar framework. Below are the steps we take in most car accident cases in Orlando:
- Consultation with a lawyer. The first step is to talk with a lawyer to discuss the unique facts of your case and determine whether you have a viable claim.
- Send out initial documents. If we take your case, we send out letters of preservation, letters of representation, and letters requesting insurance coverage information.
- Gather evidence. We do our investigation and gather the evidence available to build a strong case.
- Gather medical records. Once you're finished or nearly finished with your medical treatment, we gather records.
- Demand for payment. We draft a document detailing the issues of liability and how your injuries have affected you, and we demand payment from the other side within a clearly-defined time period.
- Settle, negotiate, or file a lawsuit. The other side either negotiates with us, turns over the insurance policy, or denies our demand for payment.
File a Personal Injury Lawsuit for Medical Expenses
If the at-fault driver's insurance company won't pay a fair amount of money to settle the case, you may need to file a personal injury lawsuit. In a car accident lawsuit, you can seek compensation for your medical expenses, lost wages, pain and suffering, and other damages related to your accident.
To succeed in a lawsuit, you will need to prove that the other driver was negligent, reckless, or otherwise at fault for the accident and that your injuries were caused by the accident. This can be a complex process, and it's important to work with an experienced Orlando personal injury lawyer who can help you build a strong case. We handle these cases every day, and we know exactly what it takes to bring a successful injury claim in Orlando.
