Can a passenger sue you iftheir insurance company refuses to paytheir medical bills?

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Can a passenger sue you iftheir insurance company refuses to paytheir medical bills?

Asked on August 16, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Florida is what is known as a "no-fault" state, meaning that no matter who is at fault, a party needs to use their own insurance to pay for their medical costs. Their insurance company should not refuse to pay their bills.  Maybe coverage is an issue.  With the no-fault law the result is that a party can only sue the other party involved in the accident if their injuries meet a certain threshold."  The threshold has to do with the type of injuries and is set out in statute.  It is usually something like losses of major bodily function, permanent injury within a reasonable degree of medical probability, death, significant scarring or disfigurement.  If you have been sued send a copy of the summons and complaint to your insurance carrier by certified mail return receipt requested asap.  Good luck.


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