The issue here is whether an insurance company that has paid some medical bills has a right of subrogation or in other words a right to reimbursement for the medical bills paid following an accident in which there is a claim for recovery of medical bills and pain and suffering. Under Florida law and per Florida statute, generally when your own car insurance company pays medical bills pursuant to a Florida personal injury protection (PIP) policy, there is NOT a right to subrogation and thus you do not have to repay your own car insurance to the extent that you recover money from the person that caused the accident or their insurance company. However, if you also have medical payment coverage, which pays medical bills over and above the Florida PIP, there may be language in the insurance policy which gives your own insurance company a right to subrogation and thus you will have to repay your own insurance company, IF YOU RECOVER MONIES via a settlement or verdict from the other person or their insurance company. If you never make a recovery, then of course you will not have to repay your own car insurance for the monies laid out for medical bills.
The blog has referenced subrogation in earlier blogs dealing with health insurance, medicare and medicaid, all of which also have a right to subrogation or to be repaid if settlement or recovery is made in a case.
If you have been in an accident where you believe the other car or the place where you were injured is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 561-967-3840 (Lake Worth satellite office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).
It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could 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 from Florida.
