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Posts Tagged "PIP"

Bar Patron Injured In Tampa Car Crash Versus Building Might Be Entitled To More Benefits Than He Realizes

Posted by on Jan 28, 2015 in Motor vehicle accidents

Bar Patron Injured In Tampa Car Crash Versus Building Might Be Entitled To More Benefits Than He Realizes

An unsuspecting Tampa bar patron may be entitled to PIP benefits, bodily injury liability benefits, and even punitive damages after he was injured in an odd accident this week in a Tampa bar.   The OrlandoSentinel.com website reported about the Tampa drunk driving accident.   Apparently a woman named Sully Marie Torre–Medina lost control of her car Tuesday night, causing it to crash into the patio area of the Independent bar in Tampa.  A 34-year-old gentleman named Wesley Kincaid was apparently sitting in the bar’s patio area, was injured in a crushing injury as a result of the crash, and had to be taken to the hospital.   Mr. Kincaid may not realize it, but because he was involved in an accident arising out of the use of a motor vehicle, he may immediately be entitled to insurance benefits to pay his hospital and medical bills.  If Mr. Kincaid owns a car, he would be entitled to Personal Injury Protection (PIP) benefits under his own automobile insurance coverage.  If he doesn’t own a car, he would be entitled to PIP from Ms. Torre-Medina’s car insurance company.  (Download your FREE copy of our Florida PIP guide, by clicking here.)   Additionally, if Ms. Torre-Medina carried bodily injury coverage on her car (which is optional in Florida – but shouldn’t be), he can make a personal injury claim against her.  Because Ms. Torre-Medina has been accused of DUI, and found to be in possession of drugs and drug paraphernalia, Mr. Kincaid may also have a punitive damages claim against her.   We obviously hope that Mr. Kincaid will make a speedy recovery from his injuries.  He seems to have just been at the wrong place at the wrong time.  Nevertheless, we thought his situation was important as an illustration of all the different benefits that might be available in a Florida car accident involving a pedestrian or anyone else who is not inside a vehicle at the time of a crash.   If you have any questions following a Florida car accident of any kind, or about Florida car insurance and how it works, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407–254–4901, or visit our website.  You can also download a FREE copy of our popular Florida accident guide by clicking...

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No Ambulance Bill Should Remain Unpaid After An Orange County Car Accident

Posted by on Dec 3, 2013 in Motor vehicle accidents

No Ambulance Bill Should Remain Unpaid After An Orange County Car Accident

I recently saw an interesting article on the WFTV.com website regarding unpaid ambulance bills here in Orange County, Florida. According to the piece there were approximately $8.5 million in unpaid ambulance bills in Orange County in 2012.  Apparently total ambulance bills in Orange County were approximately $17 million, and the ambulance service providers indicate that only 1/2 of the ambulance runs made each year in Orange County are ever paid for. As an Orlando accident attorney, I am very surprised to learn about this large number of unpaid bills. We represent hundreds of people in Orange County every year who have been injured in accidents.  One of the most frequent medical providers that our clients receive bills from after an accident are ambulance providers.  In Florida automobile accident cases, drivers are required to carry Personal Injury Protection (PIP) coverage as part of their automobile insurance package that is designed to pay 80% of immediate accident-related expenses. When we assert a personal injury claim against a negligent party — whether it be a careless driver or oblivious landlord or the manufacturer of a dangerous product — one of the elements of our claim is always the unpaid ambulance bills.  In fact, many people do not realize that a large portion of almost every personal injury settlement generally goes toward paying off unpaid medical bills. Unfortunately, the reality for many of our clients is that they do not have health insurance.  Most of these people cannot afford to immediately pay thousands of dollars in unexpected medical expenses.  Securing a personal injury settlement from a negligent party’s bodily injury liability insurance carriers is often the only way that our client might ever have of having their medical bills completely paid and avoiding the lifelong stigma attached to filing bankruptcy. Any doubters can rest assured that our clients feel very strongly about seeing that all of their medical providers are paid, and do not want to owe any money following an accident. If you have any questions about medical bills following a Florida car accident, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or get a FREE copy of Kim’s book, Asleep At The Wheel – 13 Mistakes The Insurance Company Desperately Hope You Will Make After Your Florida Car Accident by clicking...

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Florida Car Accident Victims Should Wish They Were In New York

Posted by on Nov 3, 2013 in Motor vehicle accidents

Florida Car Accident Victims Should Wish They Were In New York

I saw an interesting story last week about the State of New York’s response to allegations of fraudulent billing related to the state’s no-fault automobile insurance system.  At the end of last week, the Governor’s office released a list of 18 medical doctors, chiropractors, massage therapists, and others who have been banned from seeking payment from no-fault automobile insurers due to allegations of false billing, excessive treatment, and other violations. For those that don’t know, New York and Florida are a couple of the last remaining states that have a no-fault automobile insurance system.  In Florida, the coverage is called Personal Injury Protection (or PIP).  In either state, drivers involved in automobile accidents are entitled to have their medical expenses paid by their own no-fault coverage, regardless of who was responsible for causing the crash that caused the injuries. Florida automobile owners have several reasons to wish they lived in New York when it comes to no-fault coverage.  First, New York features a $50,000 benefit to drivers.  This is probably more than enough  coverage for car accident victims to get the treatment and diagnostics like MRI’s or CT scans necessary to properly diagnose an injury after a typical car accident.  In Florida, under a new law passed last year, the maximum benefit is $10,000, but might be as low as $2,500 or zero, depending upon when the injuries are reported and/or the severity of the injuries reported.  The $10,000 maximum coverage limit has been in place since 1973, and obviously has not kept pace with the soaring cost of healthcare in this country.  Nevertheless, the Florida Legislature and the insurance companies that write automobile policies in Florida have long resisted efforts to increase the coverage limits. Second, New York has taken a much more fair, responsible, and consumer-friendly approach to alleged medical fraud than Florida has.  In New York, the doctors committing the fraud have been punished.  They have been banned from receiving no-fault benefits, and in some instances have been criminally charged.  In Florida, it is innocent consumers have been largely punished.  In 2012, the Florida Legislature passed sweeping legislation that drastically reduced (or eliminated) PIP benefits to many Florida accident victims – even those who did nothing wrong, were not involved in fraud, and were seeing doctors who had nothing to do with fraud.  (I wrote a Special Report about these draconian changes which you can download for free by clicking here.) As an automobile insurance customer, which state would you rather live in? Questions following a Florida car accident?  Call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or download a copy of Kim’s FREE book, Asleep At the Wheel:  13 Mistakes the Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking...

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