PIP deductible question as well as healthcare question.

· · 0 views
I was involved in an auto accident that was not my fault as the other was ticketed for several infraction's. I have PIP and I have a $1,000 deductible. When will this need to be paid? at the end of treatment? Also I have good healthcare coverage. Would informing them of this accident and getting them to help lower medical cost's hurt my potential personal injury claim compensation or hurt it?

9 Attorney Answers

First and foremost, I would recommend that you see a PI lawyer. While it may appear that they will cut into your recovery, you must consider that they may be able to increase your recovery and have ways of reducing your costs that could actually put more money in your pocket. Of course no recovery can be guaranteed but there is no motivation like the ability to sue someone. It won't cost you anything to find out. Your questions are good ones and the sort of things that a lawyer can take care of for you.
Your medpay is recovered at the end of the case. Your insurance company will have a subrogation claim. If you are getting treatment through your insurance, you need to inform them so that they can provide you with their lien amount at the end of the treatment. It would be better if you went through an attorney who could make sure that you are getting all of the appropriate care and treatment and refer you to trusted healthcare providers. Finally, as the value of your case really does depend on the amount of medical specials, having unusually low medical bills can hurt your case.
Medical bills are negotiable and are paid at the end of the case once it settles. Your lawyer will try to get those bills reduced. The most important thing is to get treated and get better.
Speak to a pi attorney asap to protect your rights.
In Florida PIP is primary. Your health insurer won't pay anything until PIP is exhausted, and they'll likely want to see proof of exhausted PIP (PIP log or letter from your insurer). I always provide both PIP and healthcare insurance info to every provider so that they can start billing health insurance once PIP is gone. You also have to send a notification letter to health insurers when recovery from a third party is possible. At time of settlement or verdict you will have to pay your health insurer back an equitable portion of what they paid out (or, possibly more than just a portion if it's an ERISA plan).
Meet with a personal injury attorney asap so that coverages can be evaluated and procedural steps followed.
These are ALL questions that should ONLY be posed to your current injury lawyer and noone else. If you don't have one, this type of issue is a clear reason why you need to. Being a long long time PIP insurance and injury litigator, the interaction, use and management of such coverages is often critical in the claims management process. For example, I just this morning fired off a letter to a diagnostic medical facility that decided they would treat car accident patients but "not take PIP" in favor of seeking payment from the settlement. I am sure they will be unhappy to learn that all they did was nullify their balance and now provide FREE medical care and these are people that are typically well versed in the PIP billing arena. As to helping or hurting the case, this will depend solely on the settlement strategy used by your lawyer hence, only he or she can address this.
You should use your PIP and group medical insurance in coordination, so as to reduce any of your out of pocket costs. You should speak with an attorney as soon as possible.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
As you can tell by the prior answers, things can get complicated. In general your no fault pays 80% of your medical bills up to $10,000.00 While no fault lasts, the doctor bills are limited by a fee schedule. No fault will not pay the first $1,000 in bills since they are under your deductible and your health insurance won't pay it either. Anything your health insurance pays, they will want you to pay them back after you settle. Some doctors will wait for you to settle, some won't and will either send you to a collection agent or sell your account to a 3rd party. You can't figure all this out alone. You need an attorney.

Sign in to answer this question.

Sign In or Sign Up as an Attorney