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Auto Insurance Claims/Double Dipping in FL

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Expert: - 5/2/2009


Question
Our insured driver was rear-ended. He was in the course and scope of his employment and filed a W/Comp claim.  He was treated and release same day or $500 in meds.  The employee filed a PIP claim with own PAP carrier to the tune of $12K. The carrier is now seeking reimbursement under FL Statute 647.7405.  I believe his only exclusive remedy is W/Comp. Do we owe the PIP Subro?

Answer
JoAnne,

Unfortunately, I am not specifically familliar with w/c vs PIP coverage in FL. This is one of those questions that only comes up once in a while. I think you would be better served to ask this question of your in-house counsel, as it will require a legal opinion.

I hope this helps
Richard Hixenbaugh

Auto Insurance Claims

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Richard Hixenbaugh

Expertise

Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience

I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Organizations
Society of Certified Auto Appraisers

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present Clients
My company has done work for consumers nationwide.

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