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I was rear ended in an auto accident. Will the other side pay for my medical bills?


Attorney Jason MacriAuthor: Attorney Jason Macri

The most common type of car crash is an auto accident where one vehicle strikes another vehicle from the rear. Most people explain how this type of crash occurred by saying they were “rear-ended.” In this type of crash it is typically obvious who is at fault. When one driver of a vehicle strikes another vehicle from behind, the driver of the vehicle in the rear is almost always at fault for the crash. If this is true, why is the at-fault driver not immediately responsible for the victim’s medical bills?

Under Florida law, if you have a vehicle registered in your name, you must also have PIP. PIP stands for “Personal Injury Protection.” All auto insurance policies sold to individual drivers in the State of Florida must contain PIP coverage. PIP coverage will pay up to $10,000.00 of your medical bills if you have been injured in an incident involving a vehicle and seek medical treatment for your injuries within 14 days of the date of the incident.

Whether another person was at-fault for the incident is not a factor in determining whether PIP will pay your medical bills as a result of that incident. This is why Florida is sometimes called the “No-Fault State.” Essentially what this means is that it will not matter who was at fault for a particular incident. If a person was injured in an incident involving an automobile and they had a valid insurance policy issued in the State of Florida at the time of the incident, that person will use their own PIP in order to cover their medical bills incurred as a result of the incident.

A person who is injured in a rear-end car crash should be sure not to confuse PIP coverage with a claim against the BI coverage of the at-fault driver. BI stands for “Bodily Injury” coverage. When a person with BI is at fault for a crash and injures another person, the injured person can make claim against the at-fault driver and that driver’s BI coverage. A claim against a person’s BI coverage should always be made through an attorney as the at-fault party and their insurance company have lawyers on staff and will almost immediately begin defending against your claim as soon as the crash occurs. Not hiring an experienced injury attorney in this instance is dangerous and can lead to the inability to receive compensation.

If you or a loved-one have been injured in a rear-end car crash and would like to speak with an experienced injury attorney, call the law office of Dell & Schaefer. Our injury attorneys have decades of experience representing people who have been injured in auto accidents and car crashes and will ensure that your rights are protected and that you receive the compensation you are entitled to and deserve.



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