The exception is contained in Florida Statute Section 624.128:
Crime victims exemption.–Any other provision of the Florida Statutes to the contrary notwithstanding, the deductible or copayment provision of any insurance policy shall not be applicable to a person determined eligible pursuant to the Florida Crimes Compensation Act, excluding s. 960.28.
The DUI crash victim must apply for crime compensation with and be found eligible by the Office of the Attorney General, Division of Victim Services. (Here is a link to the Victim Compensation Claim Form.) A victim found eligible will be notified by the Office of the Attorney General. The victim should then present the notice of eligibility to the appropriate insurance companies to obtain the waiver.
CAVEATS:
- The application for crime compensation must be filed within 1 year of the crime.
- Applying for crime compensation is not the same thing as court ordered restitution during the DUI prosecution or local “victim services.”
Because the Florida Crimes Compensation Act covers many types of crimes, not just DUI, so it would seem that medical expenses incurred through other crimes would also be subject to the thoughtful provisions of Florida Statute 624.128.
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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.
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