Car Accident in Seminole? Here’s How to Pay Medical Expenses While Your Case Is Pending

Imagine you're recovering from a car accident in Seminole, and the medical bills arrive before you've even finished physical therapy. Your settlement could take months, even years if your case goes to trial, but hospitals and doctors expect payment now. This disconnect creates real financial pressure for injury victims trying to focus on healing.

Our Seminole car accident lawyers understand this timing problem. While your attorney works to secure full compensation, you need immediate solutions for urgent healthcare costs. Florida law and insurance policies offer several pathways to manage medical expenses before your case concludes, protecting both your health and your financial stability.

Florida's Personal Injury Protection Coverage

Florida requires all drivers to carry Personal Injury Protection (PIP) insurance with minimum coverage of $10,000. Under Florida Statute § 627.736, your PIP coverage is primary, meaning it pays first before other insurance, covering 80% of reasonable medical expenses and 60% of lost wages up to the combined $10,000 policy limit, regardless of who caused the crash.

Critically, if you don't get initial care within 14 days of your accident, your PIP carrier can deny all PIP benefits related to that accident altogether. If you do treat within 14 days but no "emergency medical condition" is diagnosed, your benefits are usually capped at $2,500. With an emergency medical condition diagnosis, you can access up to the full $10,000 limit. This 14-day rule trips up many accident victims who initially feel okay, then develop symptoms later.

Different Insurance Coverage Can Work Together

If you've purchased Medical Payment Coverage (MedPay) in Florida, it usually pays after PIP. However, some MedPay policies are written as excess over other insurance, including health insurance, so the exact order can depend on your policy language. Your health insurance typically becomes secondary once auto coverages are exhausted.

Say, for instance, that you have $10,000 in PIP, $5,000 in MedPay, and health insurance with a $2,000 deductible. Your accident generates $30,000 in medical bills. 

• PIP pays $8,000 (80% of the first $10,000 in medical expenses). 
• MedPay then covers the $2,000 PIP didn't pay, plus another $3,000 toward remaining bills, exhausting its $5,000 limit. 
• Your health insurance kicks in for the remaining $20,000 according to your policy terms after you pay your $2,000 deductible.

Whether you must repay MedPay from your settlement depends entirely on your specific policy language; some MedPay policies include subrogation clauses requiring repayment, while others don't.

What Happens With Health Insurance and Subrogation?

When your health insurance pays medical expenses relating to a car crash, it may have a contractual or statutory right to reimbursement. So, part of your settlement may need to go toward repaying those claims. 

Public insurance programs have even stronger reimbursement rights. If you're on Medicare or Medicaid when your vehicle accident occurs, federal and state law give these programs a strong right to reimbursement from any portion of your settlement allocated to past accident-related medical expenses, subject to limited exceptions and potential reductions. 

An experienced Seminole car accident lawyer negotiates with private insurers to reduce subrogation claims, though the outcome varies based on your particular insurance arrangement. Medicare and Medicaid negotiations are more rigid but still require careful handling to protect your interests.

Medical Liens When Insurance Coverage Runs Out

With medical liens, healthcare providers agree to defer payment until your case resolves. They treat you now and place a lien on any settlement or verdict you receive, guaranteeing payment once funds become available.

Not every doctor accepts lien arrangements. However, an attorney who maintains relationships with healthcare providers that regularly work with injury victims may be able to assist with lien or other payment agreements. Healthcare providers that regularly work with injury victims understand personal injury timelines and have experience with deferred payment arrangements.

Third-Party Claims Against At-Fault Drivers

Exhausting your PIP benefits doesn't mean you've reached the end of available compensation. You can pursue a third-party liability claim against the at-fault driver for damages PIP doesn't cover, including pain and suffering, permanent injuries, lost earning capacity, and future medical expenses.

Florida's statute of limitations is generally two years from the accident date to file suit. If you're found more than 50% at fault for your accident, you generally cannot recover any damages from the other party, including medical bills. This modified comparative negligence standard means your own level of fault directly impacts whether you can recover anything at all from the at-fault driver.

When the At-Fault Driver Has No Insurance

Florida generally doesn't require most drivers to carry bodily injury (BI) liability coverage. Certain high-risk drivers and taxis can be required to carry it, but most Florida motorists carry no insurance to compensate you for medical bills, lost wages, or pain and suffering. This makes Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage crucial if you purchased it.

UM/UIM coverage steps into the shoes of the at-fault driver when they lack sufficient insurance. This coverage can pay your ongoing medical bills, lost wages, and pain and suffering that exceed what PIP and any available liability coverage pay.

How Your Lawyer Manages Multiple Payment Sources

A skilled Seminole car accident lawyer coordinates multiple insurance sources and payment arrangements to protect you financially. This includes identifying all available coverage, connecting you with lien-friendly medical providers, and negotiating with subrogation claimants to reduce repayment obligations.

When your case settles, your attorney prepares a detailed statement showing the total settlement, attorney fees, all liens to be satisfied, negotiated reductions, and your final recovery. The difference between an inexperienced attorney and a skilled one often shows most clearly in how much they can reduce medical liens and subrogation claims.

DeLoach, Hofstra & Cavonis has helped Seminole accident victims recover millions of dollars while managing complex medical billing issues. We work on a contingency fee basis; you pay nothing unless we recover compensation for you.