Post-car accidents can be traumatic and may turn your life upside down instantly. Beyond the physical pain and emotional distress, there’s also the financial burden of mounting medical bills that add a tremendous amount of stress and uncertainty. In California, determining the responsible party for financial damages can be complex, especially if the case involves multiple parties. At KAASS LAW, we understand and help you resolve any confusion or frustration from car accident claims. Our team and attorneys can clarify any questions, one of many of which are often asked: Who pays the medical bills? For starters, we first need to understand who is liable for these medical bills that are causing you financial damage.
California’s “Fault” System
CA operates a “fault” system, or under tort law when it comes down to car accidents. This means that the party responsible for causing the accident is also responsible for paying compensation. Ideally, this compensation is from damages that fell upon you, including your medical expenses, due to their negligence. As simple as that sounds, it can get complex and time-consuming. Given the circumstances, dealing with insurance companies and other nuances of liability claims can be a big process.
Seek Immediate Medical Attention
Following an accident, your first priority is your health. Seek medical aid and attention as soon as possible. Whether you were transported via ambulance or sought treatment on your own accord, you should expect a bill. At this given stage, reaching out to your health insurance is highly recommended.
Health Insurance Coverage
Your personal health insurance is often the first line of defense when it comes to covering medical bills, especially after a car accident. If you believe another party is at fault, your health insurance will cover your immediate treatment. While waiting for the resolution of liability disputes, this allows you to receive care and heal as best as possible so you don’t have to wait. Your health insurance policy’s terms should allow you that coverage.
Med Pay Coverage/Medi-Cal Payment Coverage
If you have Med Pay coverage as part of your auto insurance policy, this can help cover medical cost, regardless of who was at fault. Med Pay is created in a way to pay for reasonable and necessary medical expenses. It can be conveniently helpful for covering deductible, co-pay, and other out-of-pocket costs not covered by your health insurance.
The At-Fault Driver’s Insurance
Once liability is established, the at-fault driver’s insurance company becomes responsible for covering the damages, including your medical expenses. This process typically involves filing a claim with the at-fault driver’s insurance company.
Challenges in Dealing with Insurance Companies
Dealing with insurance companies can be challenging. They may attempt to minimize payouts or deny claims altogether. Some common tactics include:
- Disputing Liability: The at-fault driver’s insurance company may argue that their client was not at fault or that you were partially responsible for the accident.
- Challenging Medical Necessity: They may question the necessity or reasonableness of your medical treatment.
- Offering Low Settlements: Insurance companies often offer low settlement amounts in an attempt to resolve claims quickly and cheaply.
Liens and Subrogation
If your health insurance or Med Pay coverage paid for your initial medical expenses, they may place a lien on your settlement or judgment from the at-fault driver’s insurance. This is known as subrogation, which allows them to recover the amounts they paid on your behalf.
Uninsured or Underinsured Motorists
In cases where the at-fault driver is uninsured or underinsured, you may need to rely on your own uninsured/underinsured motorist coverage (UM/UIM). This coverage protects you when the at-fault driver lacks sufficient insurance to cover your damages.
Documenting Your Medical Expenses
It is extremely important to keep all the records and documents that are relevant to your case. Everything and or anything that which includes, but not limits to:
- Medical bills
- Prescription receipts
- Therapy costs
- Mileage to and from appointments
- Any other related expenses
This documentation will be essential when negotiating with insurance companies or pursuing legal action.
The Role of an Attorney
Navigating the complexities of medical bills after a car accident can be very tiresome. An experienced personal injury attorney can:
- Investigate the accident
- Negotiate with insurance companies
- File a lawsuit
- Protect your interests
- Handle Liens
Contact KAASS LAW
Here at KAASS LAW, we understand the challenges you face after a car accident and legally assist with your hardship. We are committed in providing care and compassion to you, your family, or anyone who is in need of assistance. Do not hesitate to call us right away for a free consultation. We strive to maximize your compensation and will fight for what you deserve. Our experienced team will help you go through the process and handle all the different parts of your claim. We will fight tooth and nail for our clients and community!