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, this is a reality for many personal injury victims. If you’ve been injured in West Virginia by someone else’s negligence, call Miley Legal – we’ll go to bat for you. For a complimentary consultation with our West Virginia car accident lawyers, give us a call, and for more information about how medical bills are paid after an accident, slip and fall, work injury, or other unfortunate event, keep reading.
Understanding West Virginia’s At-fault Insurance System
The first thing to understand is that according to W. Va. Code §55- 7-9, 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.
Explanation of At-Fault vs. No-Fault States
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
Medical Payments Coverage
Medical Payments coverage, or Med Pay, provides insurance coverage for the medical expenses of anyone in the vehicle that is insured under that policy, regardless of fault and is widely available in WV. Med Pay coverage always has limits to what it will pay out, and that will depend on how much Med Pay coverage was purchased by the insured. However, if you pursue a legal claim against the at-fault driver and make a financial recovery (including for your medical bills that were paid by your Med Pay coverage), you will be required to reimburse your insurance company for those monies previously paid out to you under Med Pay. The rationale for that is to avoid the injured person from recovering twice for the same injuries.
Health Insurance
You could opt to use your existing health insurance to pay for hospital stays, medical check-ups, and immediate treatment after an accident.
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
Auto Insurance
- Va. Code §17D-4-2(b) requires that drivers in West Virginia carry auto insurance with liability coverage of at least $25,000 for one crash and one injury, $50,000 for one crash and two or more injuries, and $25,000 for property damage. The at-fault driver’s insurance will cover medical bills after an accident.
Your typical health insurance could also cover certain parts or most of your bills after an accident.
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.
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
What is a Medical Lien?
Medical liens are agreements to pay back a party that covers your medical bills. These parties could be healthcare providers, established funds, or government programs. A party with a lien can claim to be reimbursed. In WV, West Virginia Code § 9-5-11 provides for liens by the Department of Human Services through Medicaid. However, there is no state-wide law on hospital liens.
How Liens Affect Your Settlement
A lien is usually paid out from the money that is recovered from your case, whether it’s a settlement from an insurance company or a lawsuit. For instance, medical bills will often come out of your car accident settlement.
Negotiating Medical Liens
In WV, you or your legal representative can statutorily request medical assistance from the Department where the terms and conditions are spelled out. Any other medical lien arrangement will depend on the contract, so pay close attention.
Contact Us for Assistance with Your Medical Bills
If you were hurt in an accident, let the experienced West Virginia injury attorneys at Miley Legal pursue justice on your behalf. You should not need to worry about how much treatments cost, or if you’ll be able to pay for them. If you have any questions about what to do after a car accident, or how to seek compensation for your injuries, get in touch.
Author Bio
Tim Miley is the Founder of Miley Legal Accident Injury Lawyers, a West Virginia personal injury law firm he formed in 2006. With more than 30 years of experience in personal injury law, he is dedicated to representing clients in a wide range of personal injury cases, including car accidents, trucking accidents, motorcycle accidents, brain injuries, wrongful death, and other personal injury matters.
Tim received his Juris Doctor from Duquesne University and is a member of the West Virginia State Bar and the Harrison County Bar Association. He has helped his clients win more than $20 million in personal injury verdicts and settlements and has further served the people of West Virginia by filling legislative roles in the state’s government since 2004.