Collateral Source Payments and Your PIP and Health Insurance Coverage

If you receive PIP benefits after being injured in a Delray Beach car accident, evidence supporting a setoff against your award must be presented during trial and the jury or finder of fact must calculate the setoff unless the parties stipulated to let the court determine it post-judgment.

If collateral sources are provided pursuant to a subrogation or reimbursement provision such as with your health insurance, there shall be no reduction.  Instead the  provider shall receive actual amount of collateral source money recovered minus the pro rata share of attorney's fees and costs for recovering against the tortfeasor.  Any disputes as the to the amount, shall be determined by the court.  The claimant must send notice to the provider of the collateral sources, that he/she intends to seek damages from the tortfeasor and the provider must send notice back asserting their right to subrogation or reimbursement.  If the provider fails to comply, they have waived their right to subrogation or reimbursement.