Getting compensation for medical bills and expenses is the first thing that comes to anyone’s mind after an suffering injuries from an auto accident. Usually, the at fault party responsible for the accident or the injuries should be liable for your medical expenses. However, they do not usually pay compensation immediately after the accident.
To better understand the medical bill’s compensation process, let’s examine it part by part.
As already discussed, the responsible party to pay for your medical bills is the liable party or the insurer, who in common practice do not compensate at once. Thus, if you are waiting for a settlement or for the case to go to trial, you can get your bills paid by your insurance company- private insurance obtained through an employer or government insurances, etc. However, there are also common causes, when the injured party does not have health insurance.
The legal regulations allow giving discount or payment plans to uninsured parties or to any person “whose income does not exceed 350% of federal poverty level”
Another option is “medical lien”. It allows the health care provider to receive payment of medical bills from the judgment or settlement of the personal injury case. This mechanism allows the patient to pay after the case is resolved. However, you’ll not find many hospitals or medical organizations, who will agree to work by this scheme, as there is always the risk that the case will not be successful and they cannot get paid back. This scheme can also be risky for you as if you do not succeed with your case, you shall be liable for the remaining part of the expenses.
If you have insurance but doubt whether you should use it or give a medical lien, it is recommended to use the insurance. If you use it, the medical help providers cannot charge you in full rate, exceeding your contract rate. Also, in the case of insurance, you have more options for healthcare providers to choose from.
To sum up, choose your insurance unless you do not have it or the services you seek to receive are not covered by the insurance you have.
Insurance companies have subrogation rights for a personal injury claim. Subrogation right means that your insurance company can recover your medical expenses from the party who was liable for the injuries. Your insurer shall also have the right to sue the liable party on your behalf.
Claiming compensation for medical expenses is not an easy process. You still need a professional attorney to assist you with evaluations of your case, negotiations for a larger settlement. Professional legal assistance is more essential if you seek compensation for pre-existing injuries, that is- the injuries that you had before the accident but which got worse as the result of it.
If you or a loved one have been injured in an auto accident and want to claim compensation for the medical expenses, we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles personal injury attorney. Our attorneys will help you to proceed accordingly.
Truck accidents, often resulting in serious injuries and fatalities, have a profound impact on road safety. Preventing truck accidents is…
In the world of transportation, the trucking industry serves as a backbone for the movement of goods across the country.…
Truck accidents can have horrific results, including serious injuries, fatalities, and substantial legal repercussions. A number of well-known truck accident…
With its ability to move cargo over long distances and maintain the flow of the supply chain, the trucking industry…
Since we share the road with an increasing number of commercial trucks, it becomes imperative to understand the challenges faced…
Truck accidents are not just confined to traffic regulations. They often traverse into the complex territory of criminal liability. Understanding…