Knowing who pays medical bills in a car accident is essential before assuming financial responsibility—especially when the collision wasn't your fault. Individuals suffering injuries resulting in medical bills and other damages should immediately contact a car accident lawyer. You'll want to protect your legal rights and discover a plan to recover compensation for your losses. Schedule a free case evaluation to explore your options.
Are You in a Fault or No-Fault State?
Typically, when you're involved in a car accident, you are responsible for paying medical bills following the collision. You can recover the financial loss by contacting a car accident attorney and pursuing damages through the at-fault driver's auto insurer or the courts. However, after a car accident, it's your responsibility to pay medical bills until your insurance claim or lawsuit settles.
The exception is if you reside in a no-fault state. No-fault state law allows accident victims to file claims for medical expenses through their insurers, regardless of who caused the collision. A local car accident lawyer will clarify if your state is a fault or no-fault state and what that means for your case.
Parties Who Pay Medical Bills in a Car Accident
Depending on the nature of the accident and the state where you reside, many parties pay medical bills in a car accident that results in injury. These parties include your health insurance company, medical payments coverage, personal injury protection, uninsured motorist insurance, and the at-fault driver's insurer. Your car accident lawyer will investigate all possibilities for recovering compensation for your injuries and damages.
Health Insurance
Car accident victims with health insurance can generally use their insurance to cover medical expenses related to their injuries following a collision. Individual policies determine coverage extents, including copays and deductibles.
After reaching a car accident settlement, health insurers use the legal process known as subrogation to seek reimbursement from the at-fault driver's insurer. This process determines that a portion of your compensation will go toward reimbursing your health insurance provider for your medical bills.
Medical Payments (MedPay)
Medical Payments (MedPay) helps drivers pay medical bills in a car accident. It covers you, your passengers, and pedestrians involved in the crash. MedPay covers healthcare costs up to your policy limits, regardless of who is at fault. Examples of medical bills MedPay will cover are as follows:
- Ambulance transportation from the car accident scene
- Emergency services
- Hospitalizations
- Surgeries and post-operative care
- Primary care visits and follow-ups
- Medical assistive devices
- Dental procedures
- Health insurance copays and deductibles
MedPay's coverage extends to ongoing medical expenses while you recover from your injuries. In the event of wrongful death, it will also incur the costs of final arrangements, such as funeral or memorial services and burial or cremation. It is an optional insurance add-on and is not available in all states.
Personal Injury Protection (PIP)
No-fault insurance states require drivers to carry personal injury protection (PIP) coverage on their policy to pay medical bills in a car accident. PIP coverage varies depending on the state in which you reside. However, PIP often extends coverage for damages for you, your passengers, and family members living in your home who suffered an injury in a collision, including:
- Healthcare expenses
- Lost income for missed work
- Rehabilitation and disability expenses
- Hired household services like housekeeping, childcare, and lawn maintenance
- Final arrangement costs
If you are a bicyclist or pedestrian, your PIP auto insurance should also pay for medical bills and other damages incurred in a motor vehicle collision. Your car accident attorney can review your policy to thoroughly understand all options for recovering financial compensation for medical bills and other damages.
Uninsured/Underinsured Motorist (UM/UIM)
Accident victims hit by uninsured motorists or drivers who lack adequate insurance coverage may use their uninsured/underinsured (UM/UIM) policy to pay medical bills in a car accident. UM/UIM is mandatory in some states while optional in others. In addition to paying medical bills for you and your passengers, it covers the damages to your vehicle. You may also file a claim against UM/UIM if you are a hit-and-run accident victim.
The At-Fault Driver
If another driver is at fault for your car accident, they are responsible for paying your medical bills and other damages. However, the at-fault insurer doesn't directly pay your healthcare providers. Instead, you contact a car accident attorney to file a claim demanding compensation for your losses. When your claim settles, a portion of your settlement will cover healthcare costs paid by you or through other insurers who assume responsibility until your claim is settled.
How an Experienced Car Accident Attorney Can Help
The legal system and insurance claims process can be overwhelming, involving time and obstacles the average car accident victim is unfamiliar with navigating. Hiring an experienced attorney to handle your legal business while you tend to your recovery is optimal for ensuring your health and a heftier final settlement. Things your car accident lawyer will handle so you don't have to include:
- Insurance Communications: Communication with insurance companies can be brutal when you don't have legal representation. Insurers often attempt to get injured parties to admit partial or total liability to minimize their payouts. This may involve asking for a recorded statement that they can pick apart, looking for anything they can use to negate liability. Having an attorney protects you from being further contacted by insurance companies.
- Case Investigation: Investigating your car accident involves building a case on solid evidence demonstrating negligence and liability. Your lawyer will gather evidence, including video footage of the accident, photos of the accident scene and your injuries, witness statements, accident reconstruction, and expert witness testimony documenting the extent of your injuries and damages.
- Case Valuation: How much your car accident is worth largely depends on who values and negotiates your claim. An experienced car accident attorney is best qualified to ensure maximum compensation. When valuing your case, your lawyer will consider medical bills, lost earnings, vehicle and property damages, household services, and pain and suffering.
- Insurance Negotiations: Negotiating is a significant portion of ensuring you are paid a fair settlement for your medical bills and other expenses. Lawyers are skilled negotiators who confidently demand maximum compensation for their clients. Most legally unrepresented car accident victims do not negotiate for fair settlements because they don't know how to value their claims accurately. They almost always accept the first offer, which is always a lowball negotiation starting point.
Most car accident claims are settled during the negotiation phase. However, when parties cannot agree on settlement terms, a case may require filing a civil lawsuit. Your attorney will advise you on what is best regarding the specifics of your car accident claim.
Consult an Experienced Car Accident Attorney
Schedule a free consultation with an experienced car accident lawyer today. Their contingency arrangements mean there are no upfront costs to retain legal counsel for your case; they only get paid when you do.