Assignment of Benefits, Authorization to Settle Claim & Direction to Pay Medical Provider Directly

After being in a bad car accident in Florida that leaves you injured, you are not going to want to have to deal with the meticulous management of your injury claim. In some unfortunate situations, you might even be incapacitated in the accident, no longer able to act and handle your claim on your own due to debilitations. To make certain you have the simplest time possible after an auto accident, you should start thinking today about assigning rights and responsibilities in your claim’s management to a trusted third party, like a family member, medical provider, or an experienced personal injury attorney.

How Assigning Benefits & Rights Usually Works

Using a specialized form or declaration, you can assign all of your rights to medical expense reimbursement, like automobile liability medical expense payments or other health benefits indemnifications, to a specific person or party, often called a Provider. Your chosen Provider can act on any debts you might owe after an accident for you. If so, you can pay them back instead of the original party, perhaps to avoid interest elsewhere. It is all up to the customization of your declaration.

You should also allow your Provider to negotiate, collect, and settle any claim with any insurance carrier, including authority to:

  1. Request and receive from any insurer or any other party any and all documentation and records you will need for your claim, such as a policy declarations page and insurance policy forms pursuant to Section 627.4137. In addition, your Provider has the authority to request and receive any medical reports or records pertinent to your claim, insurance communications and denial letters, PIP Payout Sheets, and so forth.
  2. Endorse in your name any check issued for payment where benefits were assigned.

A key element of your assignment of benefits and rights over your claim is making certain you are not forced into accepting a lessened coverage or settlement amount. An advantageous declaration will include a clause that automatically objects to any reduced coverage amounts or settlements, unless further discussions reach an agreement of such an amount. You can also note that you may exercise your right to create a claim against any insurer that deposits a lessened amount without your or your Provider’s approval.

With your declaration completed and signed, you will allow your Provider to access copies of all future notices regarding your claim and how it would involve them. Lastly, your declaration should instruct your insurer or interested insurance parties to send payments for services rendered by your Provider to them directly, which is useful if you utilize a personal injury attorney or law firm to act as your Provider.

Assignments of Benefits & Duties Made Easy

At Ovadia Law Group, our Boca Raton attorneys have nearly a decade of experience handling complex injury cases against stubborn insurance companies. Our clients routinely include both individuals who need representation with an injury claim and medical providers who must bring a PIP suit against an insurer who has unpaid them for codes billed. We would be happy to explain assignment documentation, or create a declaration with you. Just call us at (561) 513-5519 to request a free initial consultation to learn more.



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