Medical Bills and Health Insurance After a Car Accident

Were you in a motor vehicle accident that left you with medical bills? Figuring out which insurance policy will provide the coverage you need is confusing and takes work. It can be frustrating to deal with insurance providers. You might have more questions than answers after talking to them.

Scott C. Gottlieb, Injury Law Attorney, has the resources to pursue the compensation you need. Contact us to discuss your legal options during a free case consultation.

Won’t the At-Fault Driver Cover My Medical Bills?

You might be wondering how you will pay your medical bills after a car accident. You might even assume that the other driver should pay the bills if their negligence caused the crash. However, New York is a no-fault state for car accidents. That means you will turn to your own insurance company first to cover your medical bills relating to the accident. It doesn’t matter which party is responsible for the accident to use your car insurance policy. You can file a claim with your own insurer to utilize your policy and receive immediate relief up to the no-fault policy limits.

Under New York State law, all vehicle owners are legally required to maintain personal injury protection (PIP) insurance coverage with a minimum policy limit of $50,000. This policy pays medical bills and a portion of lost income you incurred until the policy limit has been reached. If you purchased additional no-fault coverage, you could apply for benefits from that additional policy. If you didn’t buy additional PIP, once you’ve used up your own PIP coverage, you could turn to the policy of a family relative who is a member of your household and use their additional PIP coverage, if additional PIP coverage is available under their policy.

Will My Medical Insurance Cover My Medical Bills?

Your medical insurance can help cover your medical bills post-car accident. After you’ve used up your PIP coverage, you can submit your remaining expenses to your health insurance company.

With all insurance policies, you’re responsible for paying your deductible and other costs your health insurer doesn’t cover. Once you’ve fulfilled your out-of-pocket obligations, your health insurance coverage will apply.

Subrogation Rights

If you file a claim with the at-fault party’s car insurance company and receive a settlement or award for your medical expenses, your health insurance carriers could invoke their subrogation rights to recover any money they’ve spent to cover your medical costs, as outlined in your health insurance plan.

Subrogation rights are a tool that insurance companies can use to ensure they’re paid back, usually by the other motorists’ insurance company, for the money they’ve paid out. Sometimes, the insurance company can reimburse you for your deductible with the money they receive through subrogation. However, this is not guaranteed.

Medical Liens

You can use a medical lien to get immediate medical care, even if you don’t have health insurance.

Here is how medical liens work:

• Your lawyer talks to the healthcare provider and advises them that you have a personal injury case against another party’s insurance company for your car accident injuries.
• The provider agrees to provide medical treatment on your behalf, expecting they’ll be paid from any settlement or award you receive.
• The provider performs their services, and you receive medical care.
• The provider receives payment from your award, if you receive one.

This agreement between you and your medical providers depends on a settlement or you winning a personal injury lawsuit against the other party. If you win, the medical provider will get their portion of the money before you recover the rest.

Some healthcare providers don’t accept medical liens because they aren’t guaranteed money to cover their costs. In some cases, your lawyer may be able to get the provider to agree to a lower amount for the medical lien to maximize your financial recovery.

Seeking Payment for Medical Bills Through a Personal Injury Claim

If you have used all your PIP coverage, you could file a claim with the at-fault party’s auto insurance carrier to seek the total amount required for your medical expenses and other accident-related losses if:

• Your PIP insurance didn’t cover all your losses, and you have remaining costs.
• Your injuries meet the serious injury threshold outlined by New York law, which includes fracture, loss of a fetus, permanent loss of use or limitation of a body organ, member, or system, or significant disfigurement.

However, due to the collateral source rule, you must be mindful of what amount you’ve recovered and where the money came from.

Collateral Source Rule

New York’s collateral source rule ensures you’re not paid several times for the same expense.

• If you’ve collected payment from your insurance company to cover medical bills, you cannot collect that amount again from another source, such as another driver’s insurance company.
• There’s no restriction on how much you can recover for personal injury compensation and medical expense recovery, except that you cannot be paid more than once for the same expense.

How a Lawyer Can Help Navigate Medical Bills After a Car Crash

A car accident claim attorney is a critical ally for you after an accident. They can help you maximize your potential medical expense recovery.

• Maximize Compensation – An attorney can fairly assess the value of your losses and negotiate with insurance companies to recover compensation that fairly compensates you for your losses.
• Avoid Insurance Pitfalls – An auto accident lawyer has extensive experience dealing with insurance companies and knows about common tactics like low-ball offers or getting recorded statements to derail a car accident case. They can help you avoid them.
• Manage Medical Liens and Subrogation Claims – Your attorney can ensure these claims don’t unnecessarily detract from your total compensation.
• Meet Deadlines – Your lawyer can ensure you don’t miss critical deadlines, including filing your claims within the required deadlines.

Ultimately, not seeking legal help to get your medical expenses paid can be a costly mistake.

Contact an Experienced Car Accident Lawyer for Help with Your Claim

Dealing with medical bills without legal assistance could add to your long-term financial burden. A lawyer is a resource who can protect your legal rights, inform you of your options, and answer questions. Scott C. Gottlieb, Injury Law Attorney, delivers significant results. Our team is well-equipped to handle your car accident claim. We’ll do everything we can to make the process of recovering the money you need stress-free for you. Call us for a free consultation.