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What is the method of payment for medical expenses occurred due to an accident where I was hit by a drunk driver.

Tampa, FL |

A couple of months ago I was hit by a drunk driver and on Friday I spoke with the case manager for my lawyer , they stated that the at fault driver's insurance policy was going to pay out $ 100 , 000 ( max payout via their policy ) . I'm having back surgery for the injuries I suffered and I have occurred a good amount of medical fees to date already . I know my insurance will cover the first $ 10 , 000 ( no fault state ) but I was wondering if the remaining medical expenses will come out of the $ 100 , 000 or if they are paid out separate by his and / or my insurance company . I wasn't able to call my lawyer's office back in time after I thought about it so any insight I could get would be helpful . Zigging At fault driver was arrested for DUI and leaving the scene both w / property damage , blew 1 . 90

I don't know if it helps but the injuries I suffered due to the accident are 2 bulging discs and 3 herniated discs. The herniated and bulging discs have the following issues: annular tear, mild spinal canal stenosis, indents the thecal sack, and bilateral IVF narrowing. The worst one has all those plus it's out 6-7mm, effacement of the right S1 nerve root, and the disc material is migrating upwards.

Attorney Answers 8


  1. Yes the medical bills will be deducted fro the settlement but make sure your lawyer doesn't rush to accept that money and have you siren a Release before thoroughly investigating if there is additional coverage. There are many avenues for liability coverage and hopefully they've all been investigated. Your claim sounds like its worth far in excess of the available limits and you want to make sure it is handled properly. Make sure your lawyer explains everything to your satisfaction.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  2. I agree with the previous attorneys answer. You should speak with you lawyer as these issues should have been explained during your consultation. Medical expenses will be deducted from the settlement figure unless otherwise negotiated. I hope you a speedy recovery from your injuries.


  3. Your pip insurance covers the first 10k I'm medical expenses. After that, if you have health insurance, your health insurance will cover. If you don't have health insurance, your medical bills will come out of the 100k policy. You should inquire where the defendant got drunk because that may be another source if recovery. Also do you have uninsured motorist coverage?

    Sagi Shaked
    Florida Board Certified Civil Trial Attorney
    Handling personal injury cases throughout the Stare of Florida
    Shaked Law Firm, P.A
    877-law-0080


  4. Speak to your attorney on whether he has found excess policies (coverage) that could provide additional coverage. Also look at your policy for what is called UM/UMI - uninsured/underinsured motorist coverage. Latestly, also look at your policy for any medical payment provisions.

    There are many other issues that need to be investigated such as whether the person who hit you was working (or within the course and scope) for a company at the time of the accident? Who owned the vehicle and whether the owner has been placed on notice? Where did the accident occur and whether there are other liable parties such as a homeowners association? Does the tortfeasor have an umbrella policy? Was the vehicle the tortfeasor was using a rental and whether that rental has additional or supplemental liability insurance? Did you file for reimbursement if expenses under Florida's Victim's Compensation Fund? The list goes on.

    In short, there are other ways to get reimbursed your medical expenses.


  5. Bottom line is don't sign a release for the settlement money until your lawyer negotiates the lien down to 5-10 cents on the dollar, and if he won't, retain a lawyer who will. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. An unfortunate circumstance, but under Florida's PIP law the first $10,000.00 would be covered by your No-Fault PIP insurance, minus your contractually agreed upon deductible. The remaining Medical expenses would be covered by the Settlement. You are fortunate in the sense that this driver had a size-able policy, Florida law only mandates drivers to carry PIP coverage. This means that some drivers do no have Bodily Injury coverage (the coverage which insures you for injuring others), in this case the party that struck you had a $100,000 policy BI policy. The unfortunate circumstance is that, 1. The insurance company tendered this policy., and 2. Under Florida Law, the tortfeasor being arrested a for a DUI would treble damages. But, since the policy limits were tendered it doesn't matter.
    Now, since you have retained legal counsel, a Personal Injury attorney not only fights for your settlement, but also should fight to reduce and negotiate down medical bills. Often times, medical providers will grossly up-charge patients for procedures. An attorney has an ethical obligation to his or her client to lower these medical bills. Remember, this is YOUR case. You are in control. You should strongly emphasize to your attorney that you will not pay face value of your medical expenses. Medical providers are willing to come down, drastically. Make sure you do not sign a release or closing statement unless you are fully satisfied with the service your attorney has provided you.

    This answer does not establish an attorney-client privileged. This answer is purely informative.


  7. Since you are currently represented by counsel, you should call your attorney's office and speak with your lawyer (not a nonlawyer case manager). You are paying your attorney good money to provide you with the best possible legal advice. He or she is in the best possible position to advise you about Medical Payments or Personal Injury Protection Payments, the interaction of group insurance and subrogation liens.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.


  8. Call your lawyer ASAP. There is no way any of us could competently answer your questions without the benefit of your file.

    Best of luck and I hope there is more coverage out there for your claim.

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