I’ve been in an accident and the person who caused the accident did not have insurance. What should I do?

First, you need to make sure that the person really doesn’t have insurance. Under Florida law, both the driver and the owner of a motor vehicle are liable for injuries caused by their negligence. Therefore, even if the driver doesn’t have insurance, you need to find out if the owner has insurance. Also, you need to find out if the driver was on the job or on a mission or errand for another person or company. Under Florida law, employers are liable for the actions of their employees and agents acting within the course and scope of their employment.

You should be entitled to some payment from an insurance company even if the at-fault driver had no insurance. Your own PIP insurance may be available to pay up to $10,000 in medical bills and lost wages. Additionally, if you were smart enough to purchase uninsured motorist insurance then you can pursue a claim against your own insurance carrier. Click here for more information.

Should I use my health insurance for treatment I receive relating to my accident?

Although your PIP coverage is the primary insurance used to pay for your medical bills arising from a car accident, if you have health insurance you should use it as well. PIP insurance only covers 80% of your doctors’ bills up to $10,000. You can use your health insurance to pay medical bills that are not covered by PIP. Make sure you provide your health insurance card to each doctor, MRI facility, and other medical provider you treat with. In most cases, your medical providers will have a contracted rate with your health insurance company, which means that your medical bills will be lower. Your health insurance company will be entitled to be paid back from your settlement, but it’s still better than having to pay outstanding medical bills that would otherwise be much higher. Additionally, if you have health insurance and you fail to use it, the car insurance company will claim that you failed to mitigate your damages.