Understanding Health Insurance Rights After an Accident

Monday, December 21, 2015

Understanding Health Insurance Rights After an Accident

Written by Malman Law, reviewed by Steve J. Malman.

After an injury, you will likely turn to a personal injury attorney for answers to your questions. While attorneys deal with judges, other attorneys, and various business professionals, what you may not realize is that they also deal with insurance companies. Many individuals are unaware of their legal rights after an accident, especially when it comes to their health insurance. If you have been injured in an accident, do not assume you do not have rights – especially if your insurer or the defendant’s insurer is less than willing to pay for your legitimate injuries.

Who Will Pay Your Medical Costs Post-Accident?

Unfortunately, too many accident victims are under the assumption that the party responsible for the accident is required to pay their medical bills. Regardless of fault, you are legally required to pay for your medical bills. However, you are also legally allowed to hold that individual responsible for their actions and seek damages – monetary awards – that reimburse or cover future medical expenses.

There are instances where the other party’s auto insurer will cover some of your medical expenses, but whether they choose to pay or not, the hospitals and physicians that treat you will consider you the legally responsible party for any bills incurred after the accident.

What Happens When You Cannot Afford to Pay Your Bills?

If you do not have insurance or you cannot afford to pay for your medical costs after an accident, payment plans and liens are both ways you may be able to cover those costs. A hospital lien is what a clinic will place on a patient’s record when they know that the patient’s bills will be paid eventually via a personal injury settlement. The liens will be sent to your personal injury attorney and your attorney will deduct the cost of those liens from your settlement.

Why Will a Hospital File a Lien Instead of Filing Claims with Your Insurer?

A hospital prefers being paid directly from settlement funds rather than billing your health insurance provider. This is because health insurance providers and hospitals have a contractual adjusted amount that is paid for services rendered – while a settlement allows the hospital to collect the entire amount. Your attorney can ensure that the bills are directed via insurance first so that hospitals do not overbill and take advantage of your settlement.

What to do if a Hospital Lien Is Placed on Your Settlement

If you owe money to medical providers after an accident, it is best that you work with a personal injury attorney who has experience handling liens and these types of claims.

The attorneys at Malman Law will make sure that your hospital bills and other medical expenses associated with your injury are covered, and that the plaintiff’s settlement is not taken advantage of by a hospital or physician.

Contact our personal injury attorneys today regarding your claim. Schedule a free consultation by calling 888-247-2160 or filling out our convenient online contact form.