It is always beneficial to have health insurance, and it is convenient following an accident. This is especially true when one is in a bike accident that only involves themselves, an uninsured individual, or the bicyclist does not have an automobile insurance policy that has Personal Injury Protection benefits. To learn more about health insurance and Boca Raton bicycle accidents, reach out to a dedicated lawyer. Our experienced bicycle accident attorneys at Kogan & DiSalvo could help you with your recovery.
Following a bike accident, it is critical for injured individuals to seek medical care as soon as possible. It is not necessary for an individual to have health insurance to be treated for their injuries. The hospital must treat injured people even if the person does not carry health insurance. Therefore, if someone is injured in a bike collision and does not have health insurance, they do have options for obtaining medical treatment. For instance, an accomplished lawyer could help an injured victim find solutions and treatment options. By filing a claim, the compensation could pay for the injured person’s medical expenses.
In Florida, there are at least two ways that one’s legal compensation can be limited by their use of health insurance. If a health insurance company has a contract with an injured person that includes a clause claiming the company’s right to subrogation, the insurance company is entitled to be reimbursed for paid medical expenses if the injured person receives a settlement. Private health insurers, Medicare, Medicaid, and plans under the ACA are all entitled to repayment.
It is also possible for a judge to reduce a claimant’s overall compensation to the amount actually paid by their health insurance. This is called post-trial setoff of collateral sources.
The amount that the insurance company receives depends in part on the amount of the injured party’s settlement. Medicare, for example, will reduce the amount they are owed by what is called the “cost of procurement,” which is the injured party’s attorney’s fees and costs.
Injured individuals should consider retaining a lawyer who is familiar with health insurance and bicycle accidents in Boca Raton. An attorney could negotiate with the health insurance companies to help the victim recover as much compensation as possible.
Being in a bicycle accident should not impact one’s health insurance rates. Unlike auto insurance where a motor vehicle crash could increase rates, a bicycle accident is no different than suffering any other injury or illness in the eyes of the health insurance company. A person’s health insurance rates should not increase when they get sick or injured in a bike collision.
Following a bike collision, you are not required to tell your health insurance company that you were in an accident the same way you would an automobile insurer. Instead, your lawyer could contact your health insurance company and give them a notice of your injury claim. This allows the health insurance company to assert its right to subrogation if it has one. For more information about health insurance and Boca Raton bicycle accidents, contact our lawyers at Kogan & DiSalvo. Let us help you recover from your injuries.