If you were an innocent victim of an accident, you can file a personal injury claim or lawsuit against the person that caused the accident to receive fair compensation for your injuries. But note that you’ll likely start to face medical bills and other accident-related expenses long before the claim or lawsuit gets resolved. Do you have to pay these?

Responsibility for Ongoing Medical Care – The General Rule

The general rule is that you’re ultimately responsible for paying your medical bills (or making sure they get paid) following an accident. You can typically make sure that payment gets made via:

• Your health insurance,
• Any other insurance coverage that may apply, and
• Your own personal funds.

In most circumstances, your medical bills will get sent to your health insurer and the insurer will cover your expenses on your behalf.

As to other applicable automobile insurance coverage, this could include such coverage as:

• “Med pay,” and
• “Personal injury protection (PIP),”

Med pay and PIP might be included as part of your car insurance. If so, you can use this coverage to help pay your medical bills after a car collision up to the specified amount named in your policy. Similarly, you might be able to use med-pay coverage, or premises medical coverage for slip and fall accidents if it is included in your homeowner’s or commercial property’s insurance policy.

You may be able to reach an agreement with your medical provider to put a hold on your medical bills until you settle or resolve your personal injury claim or lawsuit. Once you resolve the case, you then become responsible for making sure your bills get paid.

Health Insurance Reimbursement and Medical Liens

There is a general principle in personal injury law that says you cannot recover compensation twice for the same set of damages. A result is that if your health or automobile insurer pays your medical bills, and you receive a settlement in a claim or lawsuit, the insurer has the right to get reimbursed out of your settlement funds. This right is called subrogation, and it is usually spelled out in your insurance contract. You are obligated to reimburse your insurance company after you receive any compensation from the claim/suit.  If you have a lawyer, your insurance company may be required to take a reduction in the reimbursement the total amount of the bills they paid, and you will receive the balance.

Health care providers are authorized by statute (RCW 60.44.010) to have a medical lien against any funds a victim collects from the at-fault party or insurance company.  Typically, the lien needs to be recorded and cannot exceed 25% of the recovery.

Contact Douglas P. Levinson Today

If you or a loved one was injured in an accident, please know that the Law Offices of Douglas P. Levinson is here to help. I have been helping injury victims and families receive fair compensation for their personal injury accidents for over 20 years. Let me help you make informed choices about your legal issues so that you can focus on your health and healing.

I am experienced in all aspects of civil disputes and injury claims, and I personally handle or oversee every aspect of your case. Let me shoulder your burden until we achieve a fair and just result for your case. Contact me now for the quality legal help you deserve.