Letters of Protection and Your Florida Personal Injury Case
Many Florida residents put off seeking medical treatment following a car accident because they lack health insurance or the independent financial means to pay for anything more than minor care. One way that an accident victim can pay for such treatment is through a letter of protection. This is a binding agreement between the victim and their health care provider. Basically, the provider agrees not to demand any out-of-pocket payment from the accident victim until their personal injury case against the negligent driver or other parties is resolved.
Judge: Accident Victims Not “Required” to Submit Insurance Reimbursement Information
While letters of protection are often used by car accident victims who lack public or private health insurance, a federal judge in Fort Myers recently addressed a case, Ramos Alvarez v. Louis, where a family opted not to use their private health insurance and instead relied on a letter of protection to pay for post-accident medical care. This led to a legal dispute over how much the plaintiffs could seek in economic damages for their medical costs in a subsequent personal injury lawsuit.
The defendant in this case allegedly rear-ended the plaintiffs vehicle. As noted, the plaintiffs relied on letters of protection to arrange for their medical treatment after the collision. This would defer payment until the resolution of their personal injury case. But the defendant pointed out in court that by using letters of protection, the plaintiffs had effectively agreed to pay their health care provider more than they would likely have received from the private insurance carrier.
Florida law states that in personal injury cases where a plaintiff has health insurance but instead relies on a letter of protection to obtain treatment, the plaintiff may introduce evidence regarding what their insurance carrier would have paid instead for the same treatment. Here, the plaintiffs declined to introduce such evidence. This prompted the defendant to argue that the court should bar the plaintiffs from recovering any of their medical bills.
According to the judge, the defense misread the statute. The defendants’ position was that the law required the plaintiffs to introduce evidence regarding the insurance carrier’s reimbursement policies. The judge, however, said the statute merely allowed a jury to consider such evidence. It was not a “procedural trapdoor” meant to force the plaintiffs to introduce such evidence. As such, the court denied a defense motion for summary judgment on the issue of past and future medical expenses.
Contact a Pasco County Car Accident Attorney
Before signing any letter of protection, you should first consult with a qualified Pasco County car accident lawyer. While these letters can help ease your burden when it comes to paying for medical care after a collision, there are often legal and financial risks you need to carefully consider first. The offices of Wendy Doyle-Palumbo, Esq., can advise you in this and many other aspects of your personal injury claim. Call her office today at (727) 233-2134 to schedule a consultation. We serve clients in Hudson, New Port Richie, and Pasco County.
Source:
scholar.google.com/scholar_case?case=6790494156408324423