Who Pays for the Medical Bills After a Car Accident in FL?

In Florida, your first option to pay for your medical bills after a car crash is your no-fault Personal Injury Protection (PIP) benefits. PIP benefits are required for all drivers, but they are not always enough. If PIP benefits are insufficient after a crash, you may be able to sue for more compensation.

For over 50 years, the Florida car accident lawyers at Zervos & Calta, PLLC have been helping crash victims cover their medical bills and other losses. We have seen how car accidents can leave people overwhelmed by medical bills, along with the serious injuries and emotional distress that a crash can cause.

Our team of compassionate and dedicated personal injury attorneys can help you navigate Florida’s complicated auto insurance laws to pursue the money you need. If you want to know more about how we can help you, contact any of our locations throughout Florida for a free consultation.

How Common are Car Accidents in Florida?

Hundreds of car accidents happen each day throughout the state of Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were more than 341,399 collisions statewide in 2020 alone. This translates to an average of 933 accidents each day. In total, these crashes resulted in 15,614 incapacitating injuries and 3,332 deaths.

In other words, auto accidents are a serious problem in Florida. If you are injured in an auto accident, it is best to have a personal injury attorney review your case as soon as possible. The earlier an attorney evaluates your case, the sooner they can start building strong foundations for your personal injury lawsuit seeking compensation for your injuries.

What Should I Do After a Florida Car Accident?

The steps you take in the minutes, hours, and days after a car accident can significantly impact the outcome of your personal injury case. To protect your right to compensation for your injuries, consider taking the following steps after being injured in a Florida car accident:

• Call 911 immediately after the collision.
• Identify other drivers involved in the crash and gather their names, contact information, driver’s license numbers, license plate numbers, insurer names, and insurance policy numbers.
• Using photographs and videos, document your injuries, damage to every vehicle involved in the crash, and the scene of the crash.
• Identify witnesses to the accident and collect their contact information.
• Seek medical attention as soon as possible.
• Save all of your medical records and any receipts related to the crash, as both will be used to evaluate your losses and calculate your compensation.
• When dealing with insurers, do not accept settlement offers, admit fault, or give recorded statements before speaking with an attorney.
• Consult with an experienced car accident attorney as soon as possible.

Is Florida an At-Fault Insurance State?

No. Unlike most states, Florida has been a “no-fault” car insurance state since the 1970s. Though there have been several attempts to move to a fault-based system in recent years, the no-fault system persists. This means that individuals involved in an auto accident are responsible — at least initially — for covering their own losses regardless of who is at fault for the accident.

Specifically, before registering a vehicle in Florida, car owners must show proof that they have purchased a minimum of $10,000 in Personal Injury Protection (PIP) and a minimum of $10,000 in Property Damage Liability (PDL). PIP covers you up to the limits of your policy regardless of whether you are at fault in a crash. PDL pays for property damage to other drivers’ vehicles.

How Do Florida’s No-Fault Insurance Laws Affect How Medical Bills Are Paid?

According to Florida’s no-fault insurance laws, all drivers must carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. These PIP benefits are meant to cover your medical bills and lost wages after an accident.

If you have been injured in an accident, you must file a claim with your auto insurance company and use these benefits first. However, your PIP benefits may not be enough to cover all your expenses after a crash. If your losses exceed your coverage, you will need to use other sources to pay your medical bills.

Are There Limits to No-Fault Insurance Coverage?

There are two key limitations on no-fault insurance coverage in Florida:

• Policy limits — Your PIP benefits will only cover your medical expenses up to your policy’s limit. The minimum amount of PIP coverage in Florida is $10,000. If your losses in an accident exceed $10,000 and you only purchased the minimum amount of coverage, you might be in trouble.
• Florida law — According to state law, insurers are only required to cover 80 percent of your medical bills through PIP coverage. That means that if you have $10,000 in medical bills after a car accident, your PIP benefits will only cover $8,000. This leaves you with the remaining balance to pay out of your own pocket.

What Other Compensation is Available for My Car Accident Injuries?

The minimum no-fault auto insurance coverage required by Florida law is quite low when compared to the losses you might suffer in a serious car accident. Even so, beyond the minimum requirements, individual drivers are left to their own devices when deciding how much coverage to purchase. The routes toward compensation available to you will largely depend on the additional coverage you have access to.

Assuming you do not have additional coverage of your own or it has been exhausted, you may also be able to file an insurance claim or lawsuit against the at-fault driver. However, to recover against an at-fault driver, you must have suffered a serious injury, which may include one or more of the following:

• Significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
• Significant and permanent scarring or disfigurement; or
• Death.

If you meet these requirements, you can pursue additional compensation from the other driver or their insurer, provided the other driver was at fault for the accident. Notably, where PIP only covers economic losses, you may seek compensation for both economic and non-economic losses through a lawsuit. This may include:

• Medical bills
• Lost wages
• Reduced future earnings
• Pain and suffering
• Emotional distress
• Reduced quality of life
• Loss of consortium
• Funeral and burial expenses
• Wrongful death
• Damaged personal property

Are There Other Forms of Insurance that Cover Medical Bills from a Car Accident?

While PIP benefits may not be enough to cover all your expenses after a car accident in Florida, you can still use another insurance policy to pay for your medical bills. Many drivers carry additional insurance as part of their auto policy, which may pay for any medical bills related to a car accident.

If you have health insurance, either privately or through your employer, you can also use this coverage to pay for your medical bills after an accident. An attorney can go over your various insurance policies with you after a car accident to help you find the best way to get your medical bills paid.

Keep in mind that no matter what insurance you have, you will only be covered up to the limits of your policy. However, a major car accident can result in medical bills that may exceed even the most generous insurance coverage. If you are having trouble getting your medical bills paid after a car accident, talk to a lawyer right away.

Proving Fault in a Florida Car Accident

To receive compensation through an insurance claim or lawsuit against an at-fault driver after an accident, you must prove they were negligent. In other words, you must provide evidence that they did not take “reasonable care” behind the wheel to avoid harming others.

All sorts of evidence can be used to show that someone else was negligent. Among other things, important evidence in your case may include the following:

• Police accident reports
• Your medical treatment and billing records
• Eyewitness accounts
• Surveillance video footage
• Expert testimony and reconstructions of the accident
• Footage from the crash scene

Is It Possible to Sue the At-Fault Driver in Florida?

It is possible to sue the other driver after a car accident in Florida. However, you must meet certain requirements first. Before you can file a lawsuit, you must show that you have exhausted your PIP benefits and suffered “serious injuries.” As defined by Florida’s auto insurance laws, serious injuries include the following:

• Serious personal disfigurement
• Loss or impairment of the function of a body part or organ
• Serious risk of death

If you can show that you meet these requirements, you have grounds for a personal injury lawsuit against the other driver. However, you will have to show that the other driver was negligent and caused your injuries before you can recover any compensation. Types of evidence that can be used to establish liability in a car accident lawsuit are:

• Police accident reports
• Photos from the accident scene
• Eyewitness accounts
• Medical records
• Surveillance footage
• Testimony from expert witnesses
• Forensic accident reconstructions

Is There a Statute of Limitations on a Car Accident Injury Lawsuit in Florida?

Yes. Florida’s statute of limitations on personal injury cases gives you two years from the date of an accident to file a lawsuit against any liable parties. If you miss this deadline, your case will be automatically dismissed, and you will be denied any additional compensation for your injuries.

While two years sounds like a long time, personal injury cases take a long time to build. Critical evidence can also be lost within days of a crash. If you have been badly injured in a Florida car accident, the best way to protect your rights and give yourself the best chance of claiming the compensation you deserve is to talk to a Florida personal injury attorney as soon as possible.

Contact a Florida Car Accident Injury Lawyer

At Zervos & Calta, PLLC, our Florida car accident attorneys know how complicated no-fault insurance can be and how it can block accident victims from recovering the money they need. If you need help from an experienced lawyer, contact our office today for a free case review.

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About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.