Hablamos español

Sunshine State Law Firm
Car accidents7 min read

How medical bills are paid after a car accident in Florida

How medical bills are paid after a Florida car accident: PIP first, then MedPay, health insurance and the at-fault driver, plus how liens work.

By Simon NicholsonFounding attorney, Sunshine State Law Firm
A patient handing an insurance card to a smiling receptionist at a bright clinic front desk

Hurt in a Florida crash? Talk to an attorney for free. No fee unless we recover.

In Florida, medical bills after a car accident are paid first by your own personal injury protection (PIP), no matter who caused the crash. PIP generally pays 80% of reasonable medical costs up to $10,000. After that, MedPay, your health insurance and, in many cases, the at-fault driver's insurance can cover what's left.

Each source has its own rules and limits, and bills sent to the wrong place can land in collections while you're still healing. Here's the order they usually pay.

Who pays first: your own PIP coverage

Florida is a no-fault state. That means your own car insurance pays your first injury costs, even if another driver ran a red light and hit you. The coverage that does this is called personal injury protection, or PIP. Every Florida driver must carry at least $10,000 of it.

Under Florida's PIP law (§627.736), PIP generally pays:

  • 80% of reasonable and necessary medical expenses, such as the ER, doctor visits, imaging and physical therapy.
  • 60% of lost income if your injuries keep you from working.
  • Replacement services, like help with household tasks you can't do while you recover.

Two rules decide whether you get the full benefit:

  1. The 14-day rule. You must get initial medical care within 14 days of the crash, or PIP can deny medical benefits entirely.
  2. The emergency medical condition rule. The full $10,000 is available only if a qualified provider (a medical doctor, osteopathic doctor, dentist, physician assistant or advanced practice registered nurse) finds you had an emergency medical condition. Without that finding, PIP medical benefits are capped at $2,500.

If you chose a deductible on your PIP policy, it comes off the top. We cover the details in our Florida PIP explainer.

If you were hurt on the job

If the crash happened while you were working, such as driving a delivery route or heading to a job site, workers' compensation generally pays before PIP does. Tell your employer and your doctor right away so the bills go to the right insurer.

Who pays second: MedPay and health insurance

PIP doesn't pay the other 20% of your bills, and $10,000 goes quickly after an ER visit and a few weeks of therapy. Two sources often fill the gaps.

Medical payments coverage (MedPay)

MedPay is optional coverage you can add to your own auto policy. In Florida, it typically picks up the 20% PIP doesn't pay and can keep paying after PIP runs out, up to the MedPay limit you bought. Many people don't know they have it, so check your declarations page, the summary sheet at the front of your policy.

Health insurance

Yes, health insurance generally covers car accident injuries. In Florida it usually pays after PIP, as the secondary payer. That includes private plans, employer plans, Medicare and Medicaid.

There's a catch. Most health plans can ask to be paid back if you later recover money from the at-fault driver. This is called a reimbursement claim (or subrogation), and Medicare and Medicaid have it by law. You should still use your health insurance. The plan's claim just has to be handled before settlement money is split up.

Who pays last: the at-fault driver's insurance

The driver who caused the crash can be responsible for the medical bills your own coverage doesn't pay, plus pain and suffering. But there are limits.

  • The serious injury threshold. Because of Florida's no-fault system, you can claim pain and suffering from the at-fault driver only if your injury meets a threshold, such as a permanent injury or significant scarring. Claims for unpaid medical bills and lost wages beyond PIP don't have that hurdle.
  • Bodily injury coverage isn't required. Florida requires drivers to carry PIP and property damage liability, but not bodily injury liability, the coverage that pays for injuries you cause to others. Many drivers carry little or none.
  • Uninsured motorist coverage. If the other driver has no bodily injury coverage, or not enough, your own uninsured/underinsured motorist (UM) coverage can step in, if you have it.

The at-fault driver's insurer usually pays once, at settlement or verdict. The earlier sources keep your care moving until then.

The order of payment at a glance

SourceWhen it paysWhat it generally coversWatch out for
Workers' compFirst, if you were workingMedical care and part of lost wagesReport to your employer right away
PIPFirst for most drivers80% of medical, 60% of lost income, up to $10,00014-day rule and the $2,500 cap
MedPayAlongside or after PIPThe 20% PIP leaves, then more up to your limitOptional, so check your policy
Health insuranceAfter PIPMost remaining medical careReimbursement claims from the plan
At-fault driver's bodily injury coverageAt settlement or verdictUnpaid bills, lost wages, pain and sufferingLow or no limits; injury threshold
Your UM coverageWhen the at-fault driver can't payLosses beyond the other driver's coverageOnly if you didn't reject it in writing

What about liens and letters of protection?

When PIP is exhausted and you don't have health insurance, some doctors will keep treating you under a letter of protection. That's a promise, usually from your lawyer, that the provider will be paid out of any settlement. It can keep you in care, but the bills are often higher than what a health plan would pay.

Since Florida's 2023 tort reform (HB 837), how medical bills are proven in an injury case has changed. Under §768.0427, if you treat under a letter of protection, that arrangement must be disclosed, and the evidence of your medical damages generally focuses on amounts actually paid or what health insurance would have paid, rather than the full billed amount. In practice, how your care is paid for can affect what your claim is worth. It's worth talking to a lawyer before you sign a letter of protection.

Some hospitals also file liens, legal claims against your settlement for unpaid bills. At the end of a case, a lawyer confirms each lien and reimbursement claim, checks it for accuracy and negotiates it down where the law allows, so more of the settlement reaches you.

How to keep your medical bills under control

  1. Get checked within 14 days, and tell the provider it's from a car crash. If you're unsure, read should I go to the hospital after a car accident?
  2. Open your PIP claim right away and get the claim number in writing.
  3. Give every provider your auto and health insurance, and ask them to bill PIP first.
  4. Check your declarations page for MedPay, UM coverage and your PIP deductible.
  5. Keep a folder of every bill, explanation of benefits and receipt.
  6. Don't ignore collection notices. Ask the provider to hold the account while insurance processes it.
  7. Talk to a lawyer before you sign anything from the other driver's insurer, especially a release.

Frequently asked questions

Will the at-fault driver's insurance pay my bills as I go?

Usually not. The at-fault driver's insurer generally pays once, at settlement, after your treatment is far enough along to value the claim. Until then, your PIP, MedPay and health insurance pay as bills come in. That's why it's important to give your providers all of your coverage information at the first visit.

Do I have to pay my health insurance back after a settlement?

Often, yes, at least in part. Most health plans, and Medicare and Medicaid by law, can claim reimbursement from an injury settlement for bills they paid. The amount can sometimes be reduced. Your lawyer should identify every claim and resolve it before settlement funds are distributed to you.

What if my PIP runs out and I don't have health insurance?

You still have options. MedPay or UM coverage may apply, and some providers will treat under a letter of protection until the case resolves. Since 2023, those arrangements carry disclosure rules that can affect your claim, so it's worth getting advice before you choose how to pay for ongoing care.


Medical bills after a crash can feel like a second accident. You don't have to sort out who pays what on your own. Our car accident team can review your coverage, get bills sent to the right place and handle the insurers while you focus on getting better. The review is free, and there's no fee unless we recover for you.

Simon Nicholson

Written by

Simon Nicholson, founding attorney

Founded the firm after 15 years serving families in Guatemala and Mexico.

Read Simon’s bio

This article is general information about Florida law, not legal advice for your situation. Laws change, and every case is different. Reading it doesn’t create an attorney-client relationship.

Tell us your story. We’ll take it from here.

A free, personal conversation with an attorney. No pressure, no fee unless we recover for you.

844-SUN-SHINE

Hablamos español · Consulta gratis

Get my free case review

Preferred language

Sending this form doesn’t create an attorney-client relationship. Please don’t include confidential details yet.