Who Pays the Medical Bills Resulting From a Car Accident?

According to the U.S. Centers for Disease Control and Prevention (CDC), about three million people sustain non-fatal injuries in motor vehicle accidents each year in the United States. These injuries are costly, with medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceeding approximately $75 billion annually. Who pays for these expenses?

Motor vehicle accidents present many confusing circumstances. One of these is your medical bills and who is responsible for paying them. Other types of medical bills are usually straightforward. You file a claim with your health insurance, and they are responsible for paying your copays or deductibles. If you don’t have health insurance, you pay out of pocket and work out arrangements with the provider. However, with injuries from a car accident, getting your medical bills paid and paid by the right party can be complicated. You may not even be sure where to start.

Medical Care Is Crucial

After any car accident, it’s crucial to your physical and financial health to receive medical care. Even if you don’t think you are injured, it’s best to be seen by a doctor to be sure. If you suffer from serious injuries that are apparent at the scene, you should go to the emergency room by ambulance. Suppose your injuries are not severe enough to require an ambulance. In that case, you can potentially drive yourself to the emergency room or ask someone to take you there. For minor injuries, or if you aren’t sure you have any injuries, an urgent care facility or your own doctor can see you.

The medical provider you see will document their findings, giving you a record of your injuries. If you don’t seek medical care, you won’t have this record. Having proof of your damages hinges in part on documented medical care. If you wait several days or longer to seek care, the auto insurance company could assert that your injuries are the result of something that happened after your accident and not the car accident itself. If they can prove this, there will be no obligation for them to pay your medical bills.

In addition, follow any medical advice you receive. Non-compliance with your healthcare provider’s recommendations and instructions can also negatively impact your claim. If you don’t follow what your doctor says to do, the insurance company could think that you aren’t really that hurt, don’t care about your injuries, or aren’t willing to do what it takes to get better. Continue with treatments and follow-up appointments as long as your doctor (or doctors) recommend.

Even if you think no one is watching or that it doesn’t matter, do what your doctor says. For example, if your doctor tells you not to lift anything heavier than ten pounds, don’t carry your toddler in from the car or rearrange the furniture in your living room. The insurance company could find out, you could hinder your own healing, or both.

Common Car Accident Injuries

Big and small car accidents can cause minor and severe injuries. Just because a car accident seems minor doesn’t mean there are no injuries or only minor injuries. On the same token, some victims have escaped substantial car accidents without so much as a scratch. The size and type of motor vehicle accident do not always predict the injuries they cause.

The most common types of car accident injuries include:

Soft Tissue Injuries

• Bruising and contusions – Most individuals in a car accident will experience some bruising, although it may not be readily noticeable. Bruises can appear from where the seat belt dug into your body, the airbag hit your arm, or numerous other things. Bruises and contusions rarely cause any serious harm and will heal on their own within a week or two.
• Whiplash – Car accidents present your body with forces to which it isn’t generally or shouldn’t be exposed. Your head and neck can be forced forward and then suddenly backward. Whiplash is a strain on the muscles and ligaments in the neck or upper back. It can cause severe pain. Those who suffer from whiplash may need several weeks to recover, but this injury usually isn’t permanent. They may need to wear a supportive but sometimes uncomfortable neck brace until they healed completely.
• Neck and back injuries – The same forces that cause whiplash in an auto collision can cause neck and back injuries. When the body undergoes an intense and rapid force, several injuries can occur. The discs in the spine can become herniated or rupture. These are painful injuries that will limit your mobility. Suppose you already have a history of back or neck problems, or the pain persists for a few days. In that case, see an orthopedist to diagnose whether you have a herniated disc. Although not always permanent, herniated discs can take time to heal. You might need long-term physical therapy or even surgery to heal from a back or a neck injury. Some car accident victims also sustain spinal cord injuries, causing them temporary or permanent paralysis of one or more limbs.

Internal Injuries

• Broken bones – In an auto accident, your body can hit other parts of the vehicle or even other objects, putting your bones under immense stress. Sometimes they can’t withstand this stress, and so they break. For instance, a crash could pin your arm between your body and the door, your leg could get crushed against the steering wheel, or your body’s force against the seatbelt causes rib fractures. Although rarely permanent or life-threatening, some broken bones may need surgery to set the bone. Some need hardware such as pins, screws, or plates to help the bones heal in the correct position.
• Internal bleeding – Internal organs are delicate and vulnerable, even though several layers of tissue protect them. The forces exerted on the body in a car accident could damage them and cause them to bleed or even rupture. These severe injuries often occur in high-speed accidents. They need prompt treatment to keep them from being life-threatening.

Head Injuries

• Concussions – Hitting your head on the car, the ground, another person, or any other hard object in a collision can cause a concussion. Concussions can lead to memory problems, such as the inability to remember what you were doing just before the accident or feeling like your brain is just not working as sharply or quickly as it normally does. Some concussions can cause seizure disorders, as well. Getting prompt medical attention for any kind of head injury is essential. Not only will treatment help lessen the headaches or seizures you could suffer, but it will also help your brain heal.
• Traumatic Brain Injuries (TBI) – A TBI is potentially life-altering. An injury of this magnitude can change how the brain functions, handles information, and deals with emotions. You can recover from a brain injury to some degree, depending on the type and severity of the damage. However, treating a TBI might be an ongoing and permanent process.

Mental and Emotional Injuries

• Post-traumatic stress disorder (PTSD) – Sometimes, it’s the unseen injuries that harm the most. A car accident puts the body under extreme stress. As such, it comes with the potential to develop emotional and mental conditions like PTSD, anxiety, or depression. Someone experiencing this might be scared to drive or ride in a car. Doing so might cause them frightening flashbacks, as can certain sounds or images associated with the car accident. They might also experience problems sleeping or nightmares. Car accident victims who suffer these symptoms should seek the help of their doctor, psychologist, and therapists.

Types of Car Accident Medical Bills

The types of medical bills you receive will vary depending upon where you sought treatment and the extent of your injuries. Keep in mind that you may not receive your medical bills right away. Sometimes it can take a month or two for medical bills to process as the provider could be at the beginning or in the middle of their billing cycle when you receive care.

You may think you are aware of all of the medical bills you owe after an accident, but the discovery of additional bills can catch many injured parties off-guard. This experience is common when imaging studies, such as X-rays, MRIs, ultrasounds, or CT scans, are necessary. The patient will typically receive one bill from the hospital or facility that performed the test and another from the radiologist who read and interpreted the results.

For injured individuals who will need extensive or ongoing medical care, organization will ensure they can pay the medical bills. As soon as possible, create a file for the medical bills you receive. If you receive them electronically, make a file on your computer for them. You might also want to create a spreadsheet for them, documenting who sent the bill, what it was for, the date of the services, and any other important details. Share this file with your car accident lawyer.

After your car accident, your medical expenses might include:

How Are Your Medical Bills Paid?

It’s a myth that individuals who sustain injuries in a car accident will have their medical bills paid by their car accident attorney until their settlement arrives. Unfortunately, this isn’t how the system works.

However, your car accident lawyer will keep careful track of all of your medical bills as your case progresses, allowing them to request the proper amount of economic damages and helps ensure that the bills get paid when the settlement does arrive.

Medical bills from your car accident could be paid by or through:

• PIP coverage
• Your own health insurance policy
• Medical financing (an attorney can help with this)
• An auto insurance settlement, if another driver is liable for your injuries and has liability coverage

The auto policy in place should receive the first charges for injuries in a car accident. Most states require drivers to carry minimum amounts of basic liability car insurance coverage. The amount of coverage can vary, but medical bills will or should be paid up to the at-fault driver’s policy limits whenever there is an injury. Suppose your health insurance coverage paid your medical bills first. In that case, the health insurer can file a claim for reimbursement against the car insurance carrier that insures the at-fault driver.

Personal Injury Protection

If you live in a no-fault insurance state, your no-fault insurance, also known as personal injury protection (PIP), medical payments, or MedPay, will cover your initial medical bills. No matter who caused the accident, the injured parties will file a PIP claim for their medical expenses under their own insurance policy. PIP covers injured individuals in the accident, including drivers, passengers, pedestrians, bicyclists, or anyone else injured.

Some drivers aren’t even aware that they have PIP or med pay coverage. If you were recently in an accident, it’s in your best interest to check your policy and see if you can rely on it for part of your medical expenses.

However, there are limits to PIP coverage depending on your state. Your medical expenses may exceed this coverage amount, which is usually around $5,000-$10,000. The remaining medical expenses still need to be paid.

What About Your Health Insurance?

Suppose you exhaust your PIP, or you don’t have this type of coverage. In that case, you can rely on your regular health insurance policy to help pay for your injuries. You will need to pay your deductibles, copays, and co-insurance just like you would for any other injury or illness. However, your health insurance is legally obligated to cover your injuries. Now would be a good time to review your health insurance plan’s specifics to know what you might need to pay.

Is Your Medical Care Unaffordable?

For some car accident victims, medical care can seem like a luxury. Perhaps you were already struggling financially before your accident, or now that you are injured, you cannot go to work to earn a living. Maybe you don’t even have health insurance.

Whatever you do, don’t skip out on getting the medical care you need to be healthy and heal from your injuries. Even if you can’t pay for your medical care at this time, you have several options. If you don’t follow through by getting the medical attention and treatment you need after a car accident, you certainly won’t get the settlement you deserve. Skipping medical care isn’t good for your health or your wallet.

If you don’t think you can afford your medical care, there are several options.

You might want to meet with a skilled car accident attorney as soon as possible to explore these options and determine which one might be the best fit for you:

• Medical payments coverage, if applicable
• Medical liens
• Medical loans
• Pre-settlement funding
• Government health assistance, such as Medicaid or Medicare
• Indigent care programs offered through healthcare providers and facilities

Medical Liens

Ultimately, it is the injured party who must pay their medical bills. However, most people don’t have thousands or tens of thousands of dollars available to pay their medical bills after an accident. These huge costs are why insurance exists. Sometimes, however, insurance settlements take time and don’t always go as planned.

If not handled promptly and correctly, an injured individual could face many negative consequences of not having their medical bills paid on time, including:

Instead of letting this happen, you could explore the possibility of setting up a medical lien. Your car accident lawyer can help set up medical liens.

By setting up a medical lien, a medical provider agrees to stop collection activities on your account, effectively pausing the bill. Once you receive your settlement or court award, your attorney will pay your medical bills from those funds.

Pre-Settlement Funding

Some companies specialize in medical financing or pre-settlement funding. Your attorney might even have an affiliation with one. Suppose you exhaust other ways of paying your medical or other bills, including medical liens, before your settlement comes. In that case, you might want to look into a pre-settlement loan. Discuss this with your attorney and learn how these loans work before committing to one. Even if you don’t receive settlement money, you must pay this funding back with any accrued interest.

How Long Until the Medical Bills Get Paid?

While one insurance company or the other may quickly handle property damage in a car crash, medical expenses can take much longer.

Suppose the other driver negligently caused your accident. In that case, their insurance carrier will ultimately be liable for your medical expenses and end up paying them in the settlement. It’s not uncommon for them to provide you with an early settlement. While it can be tempting to accept their offer to get your medical bills paid and move on with your life, most attorneys would advise against it.

Early settlement offers are usually much lower than what your case is actually worth. Often called “nuisance offers,” insurers give them with the hope that you will accept them, and the matter will conclude with little effort on their part. Part of the problem with accepting an offer this early is that you may not know the extent of your injuries.

If you accept an offer now, assuming you have whiplash but find out in two months that you have a herniated disc and will need surgery, you can’t go back and ask for more money. You would be on the hook for paying any further medical bills related to your accident. Once you accept a settlement, the matter is over as you release the driver and their insurance company from any further legal responsibility.

Even though it can take a while to ensure you know the extent of your injuries and to wait for a settlement, it is well worth it in the end. In some cases, it might take a year or two to get all of your bills paid. A well-versed car accident attorney can ensure that you don’t settle for less than your claim is worth, that you likely know the extent of your injuries and necessary treatments before agreeing to settle, and that you get the medical care you need to recover.

Subrogation

Often, some form of subrogation is involved in car accident claims. Subrogation is the process of substituting one party for another in respect of a debt or insurance claim. It involves the transfer of any related rights and duties.

If your health insurance or any other type of coverage pays car accident medical expenses, and then later you are awarded money specifically for that bill, the carrier could request it back from you. This request is called subrogation, which stops victims from receiving compensation twice for the same injury. Subrogation can also apply if your health insurance pays a bill, and then PIP pays for it again later.

When Your Settlement Arrives

When you finally receive your settlement, you or your attorney will need to pay your medical bills with it, including medical liens. It could also mean reimbursing yourself for any medical expenses you paid out of your own pocket while waiting for your settlement or court award. Once you pay for your medical expenses, any pre-settlement funding loans, your attorney’s fees, and administration fees, you can receive what is rightfully yours from your settlement.

Non-Economic Damages

Receiving medical care isn’t just crucial for your economic damages but also for your non-economic ones. Your settlement will also include compensation for your non-economic damages. These damages are often calculated based on your medical bills, lost wages, and other economic damages. Even though they do not have an inherent or pre-calculated value, it’s still critical that you receive payment for them. However, suppose you or your attorney cannot establish that you have economic damages for your claim. In that case, you will not be eligible to receive non-economic damages either.

Common non-economic damages in auto collision claims include:

Your non-economic damages will not be paid upfront by anyone. You must wait until you receive your settlement to receive payment for these damages.

Injury Claims Are Complex

Typically, a motor vehicle accident will involve at least four types of insurance from multiple different companies. Hiring an experienced car accident attorney can be useful in helping you to efficiently use the insurance available to you. Having someone who understands the complexities of the law and insurance can reduce the stress and time from your case.

How to Find the Best Auto Accident Attorney Near Me

For questions and concerns about how your medical bills should get paid after a car accident injury, it’s best to speak with a seasoned personal injury attorney. If you’ve recently been in an auto accident and are worried about your injuries and medical expenses, there is help. Finding a knowledgeable car accident lawyer can help you ensure that your medical bills receive payment and that the appropriate parties pay them. Suppose you have never had to hire a personal injury lawyer before. In that case, you might be overwhelmed at the thought of finding a good one.

With today’s technology, anyone can make a slick and professional-looking legal website. However, when it comes to negotiating a full and fair settlement on your behalf, an aesthetic website won’t matter. You need a trustworthy attorney who will stand up for your rights. These helpful tips will help lead you to the right attorney to handle your car accident claim and get your medical bills paid.

Do Your Homework

Just because you saw a personal injury attorney’s advertisement on a bus, daytime television, or in a Google search doesn’t necessarily mean they are the best lawyer for you. If you want to find an attorney who will help you make the most of your claim, you must put in a bit of time and energy.

Find prospective car accident attorneys by:

• Asking around: Ask friends, family members, neighbors, coworkers, business associates, and anyone else in your social circle if they have any recommendations. You might be surprised to find out who has worked with one in the past or who has connections with one. If you know any attorneys or recently worked with one, you can also ask them. Of course, you wouldn’t want a family or probate lawyer handling your personal injury claim. However, they may have some recommendations and might refer you to someone they trust.
• Using online directories: There are more than a dozen online lawyer directories. These directories can help you find an attorney specializing in car accidents or possibly even one who specializes in your type of car accident. They also give you valuable information about their law firm, practice, education, professional memberships, accreditations, reviews, and awards. An online lawyer directory is an excellent place to start sorting out which lawyers might be the best fit for you and your claim. Some of the most popular ones include Avvo, Super Lawyers, Justia, Enjuris, Martindale Hubble, and FindLaw.
• Use Google: It’s okay to use Google or other search engines. However, be sure to spend some time sifting through the attorney’s website to get a feel for what they are about and how they handle their claims. You should also read through several of their Google reviews.

Ask Questions

Don’t be afraid to ask prospective law firms and lawyers questions. Most will offer a free, no-obligation consultation. This consultation is a time for them to evaluate your case and recommend your next steps. However, you should also use this time to get to know the lawyer a bit and ask them some questions. It’s kind of like an interview.

You might want to ask them questions like:

• How long have you practiced law?
• Do you only take on personal injury or car accident clients?
• Have you handled cases like mine before?
• Who is your typical client?
• What percentage of cases do you settle outside of court?
• Besides a law degree, what other training or certification do you have that will help my case?
• What is your approach or philosophy to winning or representing a case?
• Are there other ways to settle my claim?
• Do you have time to work on my case now?
• What challenges do you anticipate in my case?
• How will you let me know what is happening with my case?
• What is the likely outcome in my case?
• What are your attorney fees and costs?
• How will you bill me?
• Will paralegals or legal assistants handle some or all of my case?
• How long do you anticipate my case will last?

Handling Your Medical Bills

It’s normal for a car accident, and all that follows to make you feel overwhelmed and confused. Most laypeople don’t know much about the ins and outs of insurance policy and the law. Thankfully, you can receive emergency medical care without paying upfront and worry about the details later.

When it comes to details like ensuring your medical bills get paid by the right parties, you might want to have help. Some people turn to a well-versed auto accident lawyer for help handling their medical bills and their claims altogether. In doing so, they can relax more and focus on their healing. Do not take on unnecessary stress—or risk losing compensation—by trying to take on this matter alone. Contact a car accident lawyer near you today.