Health Insurance

According to the latest data from the U.S. Census Bureau, in 2007 there were an estimated 46 million uninsured Americans. Given the current state of the economy, this alarming number will continue to grow. As our nation’s politicians and lawmakers continue to debate how best to address this issue, more and more people are losing their jobs and becoming uninsured. Many lose their employer-provided health insurance and those individuals paying for private health insurance are forced to cut back on benefits to lower their premiums or all together eliminate their health insurance coverage.

Health insurance companies, like any other insurers, are required to treat their consumers fairly; this includes payment of claims that are honestly due to the insured. The expectation is that the insurance company will fairly assess the loss and quickly pay the claim. The problem is that insurance companies are not looking out for your best interest. Insurance is a business and insurance companies are motivated to help themselves and their money. It is not unusual for an insurance company to limit or even deny coverage of a claim without proper justification or warning. They have a team of adjusters, investigators and attorneys whose goal is to minimize the amount of money they pay to accident victims. The bottom line is that insurance companies often act in bad faith towards their insured and must be held legally accountable.

Health insurance also plays an important role in personal injury lawsuits. Florida law permits health insurance companies to claim a right of subrogation or reimbursement for the amount of medical benefits paid on behalf of the injured person. This applies to any negligence action, including motor vehicle accidents and slip or trip and fall incidents, in the event that the injured party has recovered damages from the tortfeasor (Defendant). There are, however, certain time restrictions and legal technicalities that must be followed in order to properly address this matter.

In the situation of motor vehicle accidents, The Florida Motor Vehicle No-Fault System, also known as Personal Injury Protection (PIP), indicates that automobile insurance is primary for this loss and health insurance would provide secondary or complimentary coverage to the injured person. Regardless of its secondary ranking, health insurance often plays a critical role and provides much needed medical benefits to an injured person. Since PIP insurance is limited by law to $10,000.00 in maximum coverage and only pays for a prescribed percentage of the medical expenses up to this limit, health insurance is often necessary to cover the remaining medical expenses incurred by the injured person. This differs from the situation involving premises liability claims, in that health insurance is often times the sole provider of medical benefits and thus the primary coverage to the injured person.

In effect, the health insurance company would hold a lien against the recovery of the injured person from the at-fault party to cover the amount of medical benefits paid by this insurer towards any medical treatment obtained by the injured person for the injuries sustained in the automobile, trucking, or pedestrian accident or premises liability claim. Therefore, it is vital that the injured person has a clear understanding of their insurance coverage and ensures that any claim for damages against the at-fault party properly takes this matter into account.

Therefore, it is important for you to seek the advice of a personal injury or insurance claims lawyer in order to protect your right to fair compensation. Contact I Law and allow our experience to go to work for you. At I Law we are dedicated to representing the injured and work side by side with you to ease your burdens. We allow you to focus on what is most important – getting well and recovering from your loss. We will dedicate the necessary resources to ensure that you are adequately represented and your rights are protected. We welcome the opportunity to meet with you and your loved ones with regard to any potential insurance claim. There is never any charge for an initial consultation and we are happy to schedule appointments at your home, in a hospital or at a location that is convenient for you. We represent clients on a contingency fee basis. If for any reason there is no recovery, then we receive no fees or costs. Simply stated, we are paid fees and costs only if you win. At I Law, personal attention matters.