This is a very difficult question to answer as there are a lot of variable that would impact my advice on this issue.
The first issue is whether the client has health insurance and further whether the medical providers that the client is treating with are in-network providers and whether those medical providers will bill the health insurance as secondary insurance after the PIP benefits exhaust.
The second issue is whether the other vehicle involved in the accident is at fault and how much bodily injury insurance the other vehicle has to pay the medical bills. When another vehicle is at fault, the generally would owe any reasonable and necessary medical bills that are incurred and thus they would owe the 20 percent copays while there is PIP benefits and further they would owe any medical bills over and above PIP, again so long as the bills are reasonable, necessary and causally related to the subject accident.
Some clients refuse to treat beyond the PIP coverage and, if there is insurance to pay and if they need the treatment (and if it is reasonable, necessary and causally related), then they are simply manipulating the case such that they are not getting the treatment that they need and further may be causing their cases value to be lower in the process.
There are a lot of moving parts in this sort of analysis and for sure, no two cases are alike. If a client, for example, is in a very small accident, and treats what a jury later considers to be unreasonably and if the client does not have health insurance or treats with physicians that are not on his or her plan or will not bill the health plan, then the client is incurring bills that they may be liable for later.
If you have been in a car accident where you believe the other car was at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office), 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office). Generally, the law firm works on a contingency fee basis, which means that fees are only charged if the law firm recovers money for you. The law firm offers a free consultation at your home, at the hospital or at one of the law firm’s conveniently located office through the tri-county area.
It is important to note that every case is different and unique and should be judged based on the specific facts. The discussion in this blog is intended to be general in nature and should not to be construed as specific for your case, as a minor difference in the facts of the case could completely change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary drastically from Florida. Please feel free to call with your questions, as the law firm offers a free consultation.
