If you owned a car that was physically present within Florida for more than 90 days during the prior 365 days, you’re required to have it insured.
If it wasn’t insured at the time of a car accident in Florida, who pays your medical bills?
This article assumes that you owned a car that was physically present within Florida for more than 90 days during the prior 365 days. This article also assumes that the crash happened in Florida.
If you didn’t insure your car, the negligent party that caused your accident is responsible for, at least, some of your medical bills. It is usually the careless driver’s insurance company that makes pays these bills.
The amount of their responsibility will depend on the county in Florida where the accident happened. Some counties give the responsible driver a credit for the amount that PIP would’ve paid for your bills if you would’ve had car insurance.
Other counties are more generous to the uninsured car owner and don’t give the tortfeasor driver a credit for what your PIP would’ve paid.
Learn more about whether a Tortfeasor is Entitled to a PIP Credit if Claimant is Uninsured Under Florida’s No Fault Law.
Health Insurance Should Pay Your Bills Even if Your Car Was Uninsured
Even if your car wasn’t insured, your health insurance should still pay your medical bills. The health insurer can’t refuse to pay your medical bills just because you didn’t have insurance on a car that you own in Florida.
The health insurer will pay per the terms of your health insurance contract. You may be left owing your copay or deductible.
Tip: A victim of a DUI crash does not have to meet his or her health insurance deductible or co-pay for any injuries that were related to the crash if the injured person is determined eligible according to the Florida Crime Victim Compensation Act.
What Happens if Your Car Was Uninsured, and Your Health Insurer Won’t Pay Your Bills?
Your health insurance company may initially refuse to pay your medical bills if you’re in a car accident and PIP wasn’t billed first. For example, this can happen if you owned a car in Florida that wasn’t insured when the accident happened.
AvMed (the medical claims administrator for Miami-Dade County employees) has done this to one of my clients before.
You May Need to Send the Health Insurer an Affidavit
If you owned an uninsured car, a health insurer may request that you send them a notarized affidavit stating that you didn’t have insurance on your car on the date of the crash.
If your auto insurance company sent you a letter denying your claim due to you having an expired policy, you should also send this letter to the health insurer asap.
If your health insurer requests either of these documents, you should quickly send them so that your bills get paid and you get approved for any future medical treatment. Gaps in your medical treatment can decrease the value of your case.
You Own an Uninsured Car, and You’re Hurt in a Crash While in Someone Else’s Car
If you own a car, but it wasn’t insured, and you were injured while in someone else’s vehicle (“host vehicle”), you may be able to make an uninsured motorist (“UM”) insurance claim.
UM insurance covers you for medical bills, lost wages and pain and suffering that you’re legally entitled to recover from the uninsured motor vehicle.
You can make a claim to get your medical bills paid through the UM insurance of the host vehicle.
You could also make a UM claim through one of your resident relative’s UM insurance. This may be true even if you owned a car that wasn’t insured.
Pain and Suffering Compensation if Your Car Wasn’t Insured
If someone else’s negligence caused your car accident, and your car wasn’t insured, you’re entitled to pain and suffering compensation if you meet the tort threshold.
This assumes that your case requires you to meet the tort threshold. Some Florida auto accident claims don’t require you to meet the tort threshold.
You pain and suffering claim is the same whether or not you had insurance on your car at the time of the accident. Florida law on this point is much more favorable than the laws of at least one other state of which I know.
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