Virginia insurance companies are only required to pay medical bills out of liability insurance coverage when their policyholder is liable for an accident. An at-fault driver with proper insurance coverage will have a minimum of $25,000 to cover a bodily injury claim, which includes medical expenses.
Since personal injury lawsuits tend to be a lengthy process, you are probably wondering how the medical bills from your car accident are going to get paid in the meantime. Fortunately, the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can help you understand this process. Call us today to schedule a free consultation.
How Are Medical Expenses Paid After a Motor Vehicle Accident?
If the other party is determined to be liable for the collision, their auto insurance policy will cover your medical bills. Regrettably, it usually takes quite a long time for you to receive that payment. In the interim, you will need to use your personal policy to settle your doctor’s appointments and hospital bills.
After the other driver is proven liable for the crash, you will be able to collect financial compensation. The damages you receive are intended to cover your medical expenses as well as any other economic or non-economic damages arising from the incident.
Why Is My Health Insurance Paying When I Was Not Liable?
Although it may sound unfair to use your health insurance to cover medical treatments caused by an accident that was not your fault, medical care simply cannot be delayed until the at-fault driver is found liable. Sadly, neither can the payment of your medical bills. This is the exact type of scenario where your medical insurance will come in handy.
Your primary health insurance policy will cover your hospital bills as soon as coverage eligibility and the deductible have been met. This will vary from plan to plan, but in all likelihood, will cover your expenses. Doing this also ensures that your doctor does not contact a collection agency and pursue payment that way.
What Does the At-Fault Driver Have to Pay?
If the at-fault driver has liability insurance, they most likely will not have to cover your medical bills and other damages out-of-pocket. Their policy will pay any bills relating to your injuries. There are, however, some cases where the at-fault driver may have to compensate you out of their personal finances.
Virginia law states that drivers are required to carry insurance that will cover car accident-related medical bills. The law also permits vehicle owners to go without this insurance provided that they pay a $500 fee and can prove they are capable of paying a victim’s medical expenses on their own.
What Happens to My Medical Bills at Settlement?
Once your case is settled, a portion of the money will go toward paying your unpaid medical bills. The money you receive is meant to indemnify you for multiple damages, such as medical bills, lost earnings, and pain and suffering. Before you can collect your portion, however, any outstanding medical balances have to be paid. After your settlement comes through:
Your Medical Liens Will Be Paid First
In most cases, insurance carriers or medical providers will place a lien against your settlement. A lien gives the provider a legal claim over a portion of your money and ensures they are compensated for the healthcare and treatments they provided while your case was ongoing. After your case is settled, liens are usually negotiated and paid before you see any of your settlement money.
Negotiating Medical Liens
One important aspect of managing your medical bills at settlement is skillfully negotiating the amount of any liens. A reputable Virginia Beach car accident lawyer will have experience working with insurance carriers and medical providers in order to decrease the total bills that have to be paid out through your settlement. This is just one of the ways that working with a knowledgeable lawyer can actually leave you with more money in the bank.
Reimbursing Out-of-Pocket Payments
If any of your medical bills were paid out of pocket while you were waiting for your case to settle, that money will also be repaid from the settlement. Any payments you have spent on therapy, medications, or medical treatments associated with your injuries will have been taken into consideration by your lawyer during settlement negotiations.
Medicaid and Medicare Liens
Your settlement will also have a lien against it if Medicaid or Medicare paid any portion of your hospital bills. These programs are authorized to recoup any monies they paid out for your care, which means a portion of your damages will go toward fulfilling these liens. Your lawyer will strive to make sure these types of liens are properly addressed, and in many instances, they can be negotiated down.
What Is Med-Pay Coverage?
Car insurance companies allow policyholders to purchase MedPay, a form of medical payment coverage. MedPay covers medical expenses for any motor vehicle accident up to the policy limits. MedPay also pays out without regard to who caused the collision, although the coverage limits can vary widely and most drivers do not buy this supplemental insurance when they already have health insurance.
All We Do Is Injury Law
If you were injured in a Virginia Beach car accident, it is to your benefit to seek prompt legal representation. As you are undoubtedly already aware, insurance carriers will pull out all the stops when it comes to preventing you from receiving the financial compensation you need and deserve to pay any medical bills arising from your car accident.
The skilled Virginia Beach car accident lawyers from Shapiro, Washburn & Sharp can advise you on the best legal course of action, communicate and negotiate with medical providers and insurance adjusters on your behalf, and stop you from making any errors that could endanger the success of your injury claim. For example, in one case, we obtained a $675,000 settlement for a man whose rear-end accident worsened a preexistent medical condition and left him with additional serious injuries. If you would like to discuss a potential case with one of our experienced attorneys, you can call us at (833) 997-1774 or fill out our online contact form. Our offices are in Virginia Beach, Hampton, Portsmouth, and Norfolk.