How are Medical Bills Paid After an Injury That’s Not Your Fault?

The last thing you want to worry about while recovering from a serious injury is how the medical bills will be paid. Unfortunately, many personal injury victims in West Virginia face this reality. If you’ve been injured due to someone else’s negligence, the Miley Legal Group is here to fight for you. Our experienced West Virginia car accident lawyers can help you navigate your options and secure the compensation you deserve.

Understanding West Virginia’s At-fault Insurance System

The first thing to understand is that WV operates an at-fault (or tort-based) insurance system. Due to this system, the person responsible for the accident will be liable for all resulting damages directly or through their insurer.

At-Fault vs. No-Fault Insurance: What’s the Difference?

• No-fault states like Florida and Utah operate a system different from the at-fault system in WV. In at-fault states, the driver who caused the accident is typically responsible for covering the damages, including medical bills, through their insurance policy. The injured party can file a claim against the at-fault driver’s insurance to seek compensation for medical expenses, lost wages, and other damages.
• In no-fault states, each driver’s own insurance policy covers their medical bills and related expenses, regardless of who caused the accident. This means that after an accident, each driver files a claim with their own insurance company to cover medical costs, rather than pursuing compensation from the other driver. There are often limits to this coverage, and serious injuries might still allow for claims against the at-fault driver.

Immediate Options for Paying Medical Bills

1. Medical Payments (MedPay) Coverage

Medical Payments coverage advantages for the medical expenses of anyone in the vehicle that is insured under that policy, regardless of fault, and is widely available in WV.

MedPay is an optional add-on to auto insurance that covers medical expenses for anyone in the insured vehicle, regardless of fault. It can cover:

• Emergency medical treatment
• Hospital stays
• Surgery and rehabilitation

However, if you later recover compensation from the at-fault driver, your insurance company may require reimbursement for any MedPay benefits paid out.

2. Health Insurance

Your existing health insurance may cover hospital stays, doctor visits, and immediate medical treatments after an accident. But deductibles, co-pays, and policy limits, and these insurance companies offer you less than you actually deserve, leaving you with out-of-pocket expenses.

3. Out-of-Pocket Payments

Finally, there’s always the option to immediately pay medical bills with your own money when you can afford it.

Types of Insurance that May Cover Medical Bills

Having the right insurance coverage is crucial in case of an accident, ensuring your medical expenses are taken care of without unnecessary financial stress. If you’re unsure whether your current policy offers enough protection, consult our personal injury lawyers on the must-have car insurance coverage that can help you cover your medical expenses.

1. Auto Insurance 

West Virginia law requires drivers to carry a minimum liability coverage of:

• $25,000 for one person’s injuries
• $50,000 for multiple injuries in one crash
• $25,000 for property damage

The at-fault driver’s insurance should cover medical bills, but delays and disputes are common. If your health insurance applies, it may cover expenses while you wait for reimbursement.

2. Underinsured/Uninsured Motorist Coverage

If you are in an accident with an at-fault underinsured/uninsured driver, your uninsured coverage (which is required by law) or underinsured coverage (optional) will cover your medical bills.

3. Workers’ Compensation 

Your employer’s insurer should cover your medical bills if your accident can be classified as a work-related injury.

Dealing with Medical Liens in West Virginia

A medical lien is a legal claim by a healthcare provider, government agency, or insurer to recover medical expenses paid on your behalf. In West Virginia, Medicaid liens are permitted but there is no statewide law governing hospital liens.

Medical liens are typically deducted from any settlement or verdict you receive, meaning you can pay your medical bills from car accident compensation.

Our legal team can negotiate medical liens on your behalf, ensuring you don’t overpay and maximizing the amount you keep from your settlement.

Contact Us for Assistance with Your Medical Bills

If you’ve been injured in an accident, you shouldn’t have to worry about how to pay for medical treatment. Knowing the do’s and don’ts after an accident can make a significant difference in your recovery and legal case. Call our personal injury law firm for free case review. We will help you secure a fair settlement and handle the legal complexities while you focus on recovery.