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My son slammed his hand in a door yesterday and I called the doctor immediately. When the doctor's receptionist asked how it

Jupiter, FL |

happened, I told her it was in an automobile door, she said I would have to file through my auto insurance. I live in Florida.

Attorney Answers 6

Posted

If you are in a car accident and injured, you have a right to get medical treatment. Are you asking whether there is an exclusion in your medical insurance for injuries from automobile accidents?

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Posted

My guess is she simply misunderstood. This is not an auto insurance claim. File with your regular health insurance.

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Lars A. Lundeen

Lars A. Lundeen

Posted

I respectfully disagree, a hand injury caused by a car door is most likely covered under Florida's required Personal Injury Protection insurance.

Posted

Your health insurance will work. Call her back or go to a different doctor.

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Lars A. Lundeen

Lars A. Lundeen

Posted

Health insurance will not want to pay nor be obligated to pay until any applicable Florida PIP insurance is exhausted.

Posted

Who cares which insurance will pay??? It's not your problem. Give the doctor your auto insurance info and your health insurance info; and let the insurers argue it out behind the scenes. Your auto policy may very well be called upon to be primary because it is an injury arising out of the operation of an automobile. There is a Florida PIP case where a dog alone in a truck shot a pedestrian by knocking into the rifle or shotgun in the truck's gun rack. PIP was primary in that case.

Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an attorney and financial planner based in South Florida; and he is the principal of 411 Financial, 411 LegalDox, and 411 FlaLaw which provide investment and insurance products and services nationwide, and legal products and services in Florida. Securities and investment advisory services are offered through Brokers International Financial Services, LLC, member FINRA/SIPC, Panora, Iowa, Brokers International Financial Services, LLC is not affiliated with 411 Financial, 411 LegalDox, or 411 FlaLaw. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.

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Posted

This hand injury is not an injury resulting from the negligence operation of a motor vehicle by the driver as is the normal occurrence. It is merely a medical claim. There was no car accident. There was no crash. There was no collision. Call the doctors office back.

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Lars A. Lundeen

Lars A. Lundeen

Posted

I respectfully disagree, under Florida's required Personal Injury Protection coverage, a hand injury caused by a car door is covered under the automobile insurance. PIP will be primary. General medical coverage will be secondary.

Posted

Your son should be covered for this injury under your car's required PIP insurance. Be sure to notify your carrier immediately and get your son medical treatment immediately.

You will find it helpful to review and read your car insurance policy. It will explain in detail the extent and type of coverage under PIP.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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