My insurance company denied paying my medical bills even though I have PIP after a car accident. Can I sue them?
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I was injured in an auto accident in Florida. My car insurance policy included personal injury protection (PIP) benefits. My physician submitted bills to my insurer for treatment he rendered and that related to injuries I sustained as a result of the car accident. Can I sue the car insurance refusing to pay medical bills after accident?
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Florida law requires that an insurer pay personal injury protection insurance benefits within 30 days; otherwise, they are overdue. This is provided that the insurance company is provided written notice of the fact of a covered loss and its amount.
However, any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer. A 10% interest is added to all overdue payments. Payment, however, is not considered overdue when the insurance provider has reasonable proof to establish that it is not responsible for the payment, even if written notice has been provided to the insurer. The car insurance company cannot refuse payment of a PIP claim submitted by a treating physician unless it acquires an independent medical examination report indicating that the claim is not necessary, related, or reasonable.
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Posted by Yara Zakharia on 04 May 2010
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