A lot of times people will have concerns about filing a claim with their own insurance if they are not riding in the car when an accident happens because they’re worried that their rates are going to go up or that their insurance will drop them. The law says that an insurance company can’t raise your rates or drop you for bringing a no-fault claim if you weren’t at fault for the accident.

People are also concerned about bringing a claim on a family members policy, especially when they weren’t in that family members car. Again, the law is very clear that that insurance company for that relative has a legal obligation to pay for your medical bills. They don’t have a say in it. They don’t have a choice about it. That was the contract that that insurance company entered into with that family member.

Section 559.72(9) Florida Statutes prohibits attempting to collect a debt that is not due. The punishment can be the assessment of actual damages, a civil fine, and the payment of the Plaintiff’s attorney’s fees and court costs. Section 4074780074 Florida Statutes. 

Many statutes, most private health insurance policies, and Medicaid and Medicare prescribe how much, if any, a medical provider may balance bill for services provided. For example, authorized medical providers in workers’ compensation cases may not balance bill at all, Section 440.13(14)(a) Florida Statutes, while providers accepting payments through PIP insurance (motor vehicle accident cases) are limited to balance billing 20% of “allowable charges,” which, in most instances, is significantly less than their on-the-books outstanding charges. Section +1 407 4780074a.5 Florida Statutes. 

For private health insurance, the terms of the insurance contract itself control the issue, with provisions ranging from zero allowable balance billing to full balance billing. For the most part, these policies allow a small amount of balance billing, again leaving the providers with large uncollectable accounts receivable. 

Our law firm sees a fair amount of inappropriate balance billing, but less and less each day as medical providers become more aware of the dangers associated with the practice. Good thing. 

 In addition to medical treatment, your PIP Coverage will also provide 60% of your lost wages that are as a result of the accident. What you’ll need is proof that you’re employed, proof of what your average weekly wage is, which your employer can provide to you, and then you need a doctor’s note confirming that you were out of work or that you need to be out of work as a result of the car accident injuries as opposed to just being sick or wanting to take a vacation. If you have that documentation and you submit it to your Personal Injury Protection carrier, they will issue you a check for the time you missed from work.