Health Insurance is Secondary in Most Florida Motor Vehicle Accidents (Car, Truck, etc.)
In most Florida motor vehicle accidents, Personal Injury Protection (PIP) is primary. This means that it pays your medical bills before health insurance does.
The key is to understand what is considered a “motor vehicle” under Florida’s No-Fault Motor Vehicle law. In many cases, the answer may be different from what you believe.
Find out if your health insurance pays your medical bills from a Florida auto accident.
Health Insurance Is Primary in Some Vehicular Crashes (e.g. Motorcycle Wrecks, etc.)
There are some vehicular accidents where the injured person is not covered by PIP. This means that health insurance is primary (pays first).
These accidents in Florida include, but are not limited to:
- hurt while you were on a motorcycle.
- taxi driver’s carelessness causes your injury.
- A public bus hits you.
- A motor vehicle hits you while you’re a non-resident pedestrian.
- You are in a public bus and a vehicle hits you.
- You are a driver or passenger of a vehicle than is more like a motorcycle than a scooter or moped.
In the above accidents, PIP does not apply. Therefore, your health insurance is primary. It should be billed immediately.
It should pay any medical bills per the health insurance policy contract.
Non Vehicular Accidents (E.g. Slip, Trip and Falls, and more)
Health insurance will also be primary in all non-vehiclar accidents. This means that health insurance will pay from dollar one in:
- Slip, trip and falls
- Accidents on a Cruise ship
- Dog Bites
- Store Accidents
- Premises Liability accidents
- Much more
Even if health insurance pays your medical bills, you can make a personal injury claim against the liable parties. The claim is to recover:
- the amount that the health insurer paid
- the out of pocket medical bills
- other compensation that you may be entitled to.
Do you need to repay your health insurance if it pays for your medical bills and you settle your injury case?
If the injured person’s health insurance pays bills, then he or she should look to see if the contract includes a right of subrogation (right to be repaid). If it does, then he or she may have to repay them.
Did someone’s carelessness cause your injury in an accident in Florida, or on a cruise or boat?
Call us now at (888) 594-3577 to find out for FREE if we can represent you.
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