Who pays for medical bills after a car accident in Florida depends on several factors. Since Florida is a no-fault state, you usually have to file a claim with your own insurance provider to access medical benefits from your personal injury protection (PIP) coverage, even if the other driver was at fault.
If you exceed your coverage and you meet the state’s serious injury threshold, you can take legal action and file a third-party claim. You can then seek additional damages, including future medical expenses.
A Fort Lauderdale car accident lawyer can help you file a claim or a personal injury lawsuit to seek the compensation you deserve.
No-Fault Insurance Rules in Florida Affect Who Pays for Medical Bills After a Car Accident
Florida is one of several no–fault insurance states, which means that after a car accident, your own insurance policy will cover your medical expenses, regardless of who was at fault. This system is designed to ensure that injured parties receive quick access to medical care without needing to prove fault.
In Florida, all drivers are required to carry Personal Injury Protection (PIP) insurance with a minimum coverage of $10,000. PIP is a key component of the no-fault system and covers medical expenses and a portion of lost wages after an accident.
Additionally, Florida drivers may choose to purchase Medical Payments (MedPay) coverage, which can supplement PIP by covering out-of-pocket costs, deductibles, or expenses that exceed PIP limits.
However, PIP benefits are limited, and if your medical expenses exceed your policy limits or if you meet Florida’s serious injury threshold, a Fort Lauderdale personal injury lawyer can pursue a claim against the at-fault driver to seek additional compensation.
Medical Expense Coverage in Florida
In Florida, Personal Injury Protection (PIP) is the primary source of medical expense coverage after a car accident. PIP covers up to 80% of reasonable and necessary medical expenses, regardless of who caused the accident. This includes:
- Hospital bills
- Doctor visits
- Diagnostic tests
- Physical therapy
- Prescription medications
To qualify for PIP benefits, you must seek medical treatment within 14 days of the accident. Failing to do so may result in the denial of coverage.
If your expenses exceed the $10,000 PIP limit, you may turn to Medical Payments (MedPay) coverage if you’ve purchased it as part of your policy.
MedPay can help cover costs that PIP does not, including deductibles, co-pays, or the remaining 20% of medical expenses that PIP doesn’t cover. Unlike PIP, MedPay does not impose restrictions on how the benefits are used.
When filing a claim for PIP or MedPay, you will need to provide documentation such as medical records, bills, and proof of accident-related injuries. Your insurance company will review the claim and reimburse eligible expenses up to your policy limits.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
The Serious Injury Threshold in Florida
If your injuries are severe and meet Florida’s serious injury threshold, you may step outside the no-fault system and file a claim or lawsuit against the at-fault driver. This allows you to seek compensation for medical expenses that exceed your coverage, as well as damages for pain and suffering and other non-economic losses.
Florida defines a serious injury as one that involves the following:
- A permanent injury, which is an injury that has a reasonable degree of medical probability of being permanent.
- Significant and permanent loss of an important bodily function, such as the ability to walk, see, or use a limb.
- Significant and permanent scarring or disfigurement, such as visible, long-term scars from burns or surgeries.
- In fatal accidents, the victim’s family may pursue a wrongful death claim.
Meeting this threshold allows you to bypass the no-fault system and file a third–party claim or personal injury lawsuit against the at-fault driver. This is significant because it enables you to seek compensation for losses that are not covered under PIP, such as:
- Future medical expenses for ongoing treatment or rehabilitation.
- Non–economic damages, including pain and suffering, emotional distress, and loss of quality of life.
- Lost earning capacity if your injuries prevent you from returning to work or performing the same job.
Filing a Lawsuit Against the At-Fault Driver
If your injuries meet the serious injury threshold, filing a lawsuit against the at-fault driver may be necessary to recover the full extent of your damages. To hold the at-fault driver accountable, you must establish that their negligence caused the accident. This involves demonstrating:
- The at-fault driver owed you a duty of care (e.g., to drive safely and follow traffic laws).
- They breached that duty (e.g., by speeding, texting while driving, or failing to yield).
- Their actions caused the accident and directly led to your injuries.
A car accident lawyer in Florida can provide valuable guidance and support to make the claims process and legal steps more manageable.
We Can Explain More About Who Pays for Medical Bills After a Car Accident in Florida
If you’re wondering who pays for medical bills after a car accident, consult an attorney. Filing a claim or a lawsuit against the at-fault driver may be the only way to secure the compensation you need for your recovery.
An experienced Florida car accident attorney can guide you through the process, protect your rights, and fight for the justice and financial support you deserve.
Contact The Schiller Kessler Group today for a free consultation to discuss your case. We are here to help you every step of the way.
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