Can the insurer carrier force arbitration on a health care provider that has a claim for unpaid PIP benefits?
No, Florida Supreme court has ruled that mandatory arbitration by insurance carriers against health care providers is unconstitutional because it violated the right of access to the courts. Nationwide Mutual Fire Insurance Co. v. Pinnacle Medical, Inc., 753 So.2d 55 (Fla. 2000). Also, the portion of the Florida Statute that allowed the insurer to recover attorney fees if successful in arbitration of PIP claims involving a health care provider and an insurance carrier were also deemed unconstitutional as a lack of due process. Since the arbitration provisions that insurers used to include in their policies have been ruled unconstitutional, insurers have been aggressively trying to pursue litigation based on an assignment of rights to health care providers. The insurance carriers’ argue that if this happens to be true, plaintiffs’ should no longer have the right to bring PIP lawsuits because assignments of rights are irrevocable. Oglesby v. State Farm Mutual Automobile Insurance Co., 781 So.2d 469 (Fla. 5th DCA 2001). When dealing with a health care provider, your Palm Beach County accident attorney should review the provider’s records to ensure if there was an assignment of benefit rights, and if so how it is stated. Typically, the best option if there has been an assignment is to have your Palm Beach County accident attorney request the provider to revoke the assignment. This will enable you to bring any action against the insurer for unpaid bills. There are many ways to combat the resistance of an insurance carrier unwilling to pay future medical bills, and one of those is by bringing an action for anticipatory repudiation. Seemingly, Florida Statute requires a written statement, probably from the provider, stating the costs of future treatment with the provider. Don’t make the mistake of assigning your rights away when you have been involved in a car accident that requires medical treatment. Contact an experienced Palm Beach County accident attorney that will fight for your rights.
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