Note: Sadie’s story is a fictional scenario presented to help illustrate how one may receive compensation for a car accident injury, and how the driver might be affected.
Introduction
If you or a loved one has been injured in a car accident, you may have questions about who pays for your medical bills. In short, it is possible for your health insurance plan to cover medical expenses from auto accidents, but there are many factors to consider.
In this blog post, we will explain all the aspects that go into coverage for auto accidents and how a lawyer comes into play. People pay a pretty penny for health insurance, so we want to make sure you are getting the right amount of coverage if it applies to your situation.
Health insurance
Health insurance may cover hospitalization, surgery, medications, and rehabilitation. However, your health insurance plan may have clauses that limit coverage, or your health insurance provider may contest coverage.
If this happens, you have the option to speak with a lawyer if you think fighting for coverage is valid and worthwhile. An experienced auto accident attorney can look at the circumstances of your case and help you determine whether or not your health insurance company is holding up their end of the deal.
It is important to remember that your health insurance plan may have deductibles and copays. Even if an auto accident is “covered,” you still may owe money before your insurance starts paying.
One thing to keep in mind is that the job of the insurance adjusters who contact you after your collision is to save their employers money. They may empathize with your situation, but their ulterior motives are to pay you as little as possible out of the company’s pocket.
For this reason, it is best to refrain from making official statements or signing medical authorizations for the insurance adjusters. Your words and medical history could be used against you in your claim if the insurance company tries to blame your injuries on an earlier incident. They may send you a settlement offer shortly after the crash, but be sure not to agree to it before allowing us to review the document.
Once you agree to an offer, you cannot try to obtain more money.
Subrogation
If your health insurance pays for your medical bills, they may have the right to subrogate, which means they can seek reimbursement from the at-fault party’s insurance.
This means your health insurance company could request reimbursement from the other driver’s insurance company if the other driver was at fault.
Fault
Arkansas is an at-fault state. This means that the driver who is at fault for the accident is responsible for the other driver’s medical expenses and lost wages.
If you were in an auto accident in Arkansas, and your health insurance company paid for your medical expenses, they may subrogate the at-fault driver’s insurance company to recover that money.
If the at-fault driver is underinsured or uninsured, you may have to seek compensation from them directly. If you were partially at fault for the accident, your settlement will be reduced.
Auto insurance
All drivers in Arkansas must have auto insurance to legally operate a vehicle. This is called liability insurance, which covers the bodily injury and property damage you cause to others while driving.
“Bodily injury” includes medical bills, lost wages, pain and suffering, and rehab services. “Property damage” includes damage to vehicles and any structures or objects that were hit.
If the other driver was at fault, their liability insurance should cover your medical bills up to the policy limits.
PIP and MedPay
Because liability insurance covers others’ damages and not your own, you may elect to pay for Personal Injury Protection (PIP). PIP is also known as no-fault insurance. Drivers in Arkansas can purchase PIP to cover their own medical expenses, disability benefits, and accidental death benefits even if they are at fault for the accident.
This coverage has limitations, such as monetary caps and lack of coverage for property damage.
Medical Payments Coverage (MedPay) is a mini-health insurance policy that’s included in all Arkansas auto policies unless it is rejected in writing.
If your policy includes PIP or MedPay, these add-ons may help pay for some of your medical bills.
Sadie’s story
While driving home one afternoon, Sadie got hit by a truck whose driver ran a red light. She suffered multiple injuries and was rushed to the emergency room.
After receiving medical care, her health insurance adjuster reached out to offer her a settlement. She knew she could probably get more money out of the accident, so she contacted a lawyer to ensure she would obtain a proper settlement.
Once the health insurance company offered her an acceptable amount, she received a check in the mail. Then, they subrogated the other driver’s insurance company since he was at fault. His liability insurance reimbursed Sadie’s health insurance company for her bodily damage and property damage.
The other driver had purchased PIP before the accident, so this coverage he opted into paid for a portion of his medical bills after the accident. It did not cover the damage to his truck.
Sadie now has recovered from the accident and has been compensated for her lost income, medical bills, and the pain and suffering her injuries caused.
How can a lawyer help?
The process of seeking compensation for auto accidents can be complex, time-consuming, and difficult to understand. There may be multiple insurance policies at play, such as your health insurance, your auto insurance, and the liability insurance of the at-fault driver.
Auto accidents are a type of personal injury case, which lawyers are well-versed in. We help you navigate your policy, communicate with insurance, and minimize your out-of-pocket costs. We help you understand your coverage, negotiate settlements, and manage subrogation. We also send what is called a demand letter to the insurance company requesting a certain amount of money.
In short, we’ve got you!
Conclusion
Here at The Law Offices Of Craig L. Cook, we have the best auto accident attorneys in Arkansas. With over 60 years of combined experience, we have been serving folks like you in the fight for getting the compensation our clients deserve.
Be sure to book a free consultation with us so you can know who is responsible for covering the costs of your car crash injuries. Before agreeing to any offer your health insurance company sends you, let’s look at your options together and see which is the best route for you to take.
We want you to pay as little as possible and get the highest settlement for your trouble.
