Should I Have Surgery Before Or After My Auto Accident Case Is Resolved?

There are many considerations when deciding whether to have surgery before or after your auto accident case is resolved. If the bodily injury insurance limits of the at fault driver is high or your uninsured motorist limits are high and the insurance company is not really moving forward with a fair offer, then I would probably recommend having the surgery. However, if the limits are small, that is only $10,000, $25,000 or $50,000 and you need a spinal surgery that will cost $100,000, then you may want to wait on the surgery, until the case is settled, so there will not be a health insurance lien. Then, you could go to the health insurance company later on and say, “I need surgery, and since there is no auto accident case pending, there is no lien.” The insurance company would then agree to pay for the surgery. Depending on your health insurance policy, you may have to use one of the doctors that are on your plan as opposed to picking any doctor of your choice.

Why Do I Have To Pay Medicare Or Health Insurance Back For Medical Bills When I Pay Premiums?

Even though you pay premiums (whether you do so through your salary, Medicare or through health insurance premiums), there is a subrogation provision, which says that if you get sick, insurance will pay for those bills. However, if someone else causes your injury and you made a claim to that person’s auto insurance company for payment of those medical bills, then the health insurance company is to be paid back out of your settlement. This is an agreement usually found in your health policy.

What Is Bodily Injury Liability Insurance?       

In Florida, bodily injury liability insurance protects you when you cause a collision and injure someone. It will pay for the injured person’s pain, suffering and medical bills that exceed the $10,000 that they must have in PIP insurance coverage. When you have bodily injury liability insurance, an attorney is provided to you by your insurance company, to defend you from the claim brought against you, for the injuries you caused. This is very critical, because if you caused the accident and you get sued, litigation can be very expensive. A lawyer’s defense fees can cost anywhere from $50,000 to $100,000 and on occasions even higher. Even though you may have a $10,000  bodily injury insurance policy, your auto insurance company will pay the cost of the defense and your attorney’s fees.

It is a very valuable piece of coverage. If you don’t have bodily injury liability coverage in Florida and you or someone driving your car injures someone, Florida may take your driver’s license away until you satisfy the judgment against you. Driving with a suspended license will lead to a criminal charge. Criminal charges can lead to jail and immigration consequences.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage is the brother of bodily injury liability insurance, but it is for you. So, if you are driving in your car or someone else’s car and get injured by an at-fault driver, who does not have bodily injury liability insurance, then your uninsured motorist coverage would pay for your medical bills in excess of $10,000. It would also pay for pain and suffering, mental anguish and loss of enjoyment that is not be covered under your P.I.P. insurance and health insurance. After your uninsured motorist carrier pays your claim, they would have a subrogation right to recoup their money against the at-fault driver.

Uninsured motorist coverage is very important. When you sign up for insurance, many insurance agents will ask you to reject it. If you agree, they would need you to sign a written or electronic rejection. Many companies don’t like selling uninsured motorist coverage because a lot of people in the South Florida area drive without bodily injury liability protection. Even if you were to be in a friend’s car when an uninsured motorist driver hits you, you would still be covered under your uninsured motorist policy. Therefore, it is a very valuable form of auto insurance to have.

For more information on Getting Surgery After An Auto Accident, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 903-8892 today.

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