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Who Pays My Medical Bills After A Texas Car Accident?

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Daniel J. Christensen

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Daniel J. Christensen

Located in Austin, TX
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Daniel J. Christensen - Personal Injury - General - Super Lawyers

Answered by: Daniel J. Christensen

DC Law
Austin, TX

Fax: 512-220-1801

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If you are in the process of pursuing compensation after a car accident, you may be unsure as to who will pay your medical bills while your case is ongoing. Ultimately, who pays will be the party found at fault and their insurance. 

However, many individuals cannot pay the full balance of their medical bills themselves while they wait for reimbursement from the settlement. If you have a catastrophic health insurance policy, it probably has up to a $10,000 deductible, so you must pay thousands to get coverage. Especially if you cannot work, this type of cost can put stress on you and your household while you wait for a judgment from the court. 

There are several ways to pay your medical bills while you wait for your case to be resolved in court. 

1. Your health insurance 

You can make claims against your own personal health insurance to cover your medical bills stemming from your car accident. However, sometimes this is not successful, for a variety of reasons. The health insurance company might refuse to cover your injuries because they are not the “primary coverage” – in this case, that would be the insurance policy for the at-fault driver. 

Sometimes, medical providers cannot accept insurance at all on a third-party liability case such as a car accident. Some providers do not want to be involved in treatment when litigation is ongoing, because it may delay their payment: if they bill your health insurance company, they may deny payment because it should be the at-fault party’s auto insurance paying, and then the provider has to chase down payment from another company.

For these reasons, you might be tempted to not tell your doctor that your injuries were caused by a car wreck, in order to get your insurance to pay for your treatment. However, this can have a hugely detrimental effect on your case in court. You should always be truthful with your doctor so they can provide the appropriate care.

2. Letter of protection 

Generally, the more successful option is a letter of protection written by your lawyer. This letter is written to your medical provider, requesting that they treat you and guaranteeing that the bill will be paid out of the settlement in the end. Some providers accept this. Not all do, since it can delay payment; and if the case is unsuccessful, they may never get paid. However, it may still be your best option. 

3. Medical providers’ resources 

Larger corporate medical providers have financial resources where a patient can receive funding for their care through a financial assistance program. 

Understand Your Options – Choose A Certified Lawyer 

It is inconvenient to pursue funding for your care through these avenues. You need care now, and of course you do not want to delay treatment. However, the at-fault party’s insurance company will not pay until the case settles. 

An experienced attorney can guide you. For this type of case, you should find an experienced attorney who is board-certified in trial law. These are the practitioners with the necessary expertise and relationships, both with the legal and medical communities, to successfully handle your case – a generalist will not have the needed experience. A lawyer who specializes in these types of cases should know which health care and funding providers can help you while you wait for settlement, in addition to successfully working toward legal resolution.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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