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Who Pays for My Medical Expenses From a Car Accident That Was Not My Fault?

Who Pays for My Medical Expenses From a Car Accident That Was Not My Fault?


Navigating the Minefields

It’s common sense, right? If somebody is injured in an auto accident, it should be the at-fault person’s responsibility to pay for all the medical bills caused by his or her negligence.   

At Zimmet & Zimmet we believe that the person who causes an accident should be responsible for both past and future medical bills as well as every other type of damage caused.  Unfortunately, because of some Florida statutes and court rulings it doesn’t always turn out the way it should.   

You may be surprised to know that your own insurance company pays for 80% of your medical bills up to $10,000, as long as you go see a medical doctor within 14 days following the accident.

After that, your own health insurance company will start to pay if your treatment goes over the $10,000 limit.   But your health insurance company is not the primary company to pay bills caused by an auto accident. The at-fault driver’s insurance company is the primary payer.   

Will the insurance companies be fair?

Many insurance companies will not pay full value for a claim unless the claim is supported by medical documentation and the case is in litigation and nearing a trial.   

So while you are waiting for the at-fault person’s insurance company to be fair, your health insurance company pays for your medical treatment.

But there is a catch. Most of the time your health insurance company is paid back once the at fault party’s insurance company finally pays a fair amount. 

It may seem complicated, but as Daytona Beach car accident lawyers we do this every day.  We guide our clients through a complex system to help you get treated fairly. 

How will I pay for my future medical bills?

The Florida 5th District Court of Appeal recently published a decision about the rules for deciding whether future medical bills can be included in a jury award.   

The Court held that future medical bills must be “reasonably certain to be incurred” to be part of a jury award.   

In the case before the court, the plaintiff’s doctor testified in a way that hurt the plaintiff. The doctor said that future care “might include” certain treatments and other treatments “might possibly” be a benefit along with other treatments that “might be indicated” in the future.   

It may seem like the court was ruling on small technicalities,  but if you have been injured in an accident the Daytona Beach car accident lawyer you hire must understand the impact of this ruling.

Presenting evidence of future expenses that “might possibly” be incurred rather than “reasonably certain”  to be incurred could be the difference in hundreds of thousands of dollars in damages awarded. 

Contact the Daytona Beach personal injury attorneys at Zimmet & Zimmet today!

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