Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Florida recognizes what is known as the "collateral source doctrine," which prohibits recovery of damages for bills paid by insurance -- but only for injuries arising out of the operation of a motor vehicle.
Your damages in small claims are exactly equal to the health care costs paid by insurance. Florida small claims maximum recovery is $5,000, so even if your bills are $6,000, you can only recover $5,000 in small claims. But, if you can prove those bills were paid by your insurer/health care plan, then you are entitled to the recovery.
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