When you are injured, you make an appointment with your physician, pay your portion of the cost, and wait for the insurance company to cover the remaining portion. There is typically nothing else you have to do. Yet, when the cause of your injuries is a motor vehicle accident, the insurance company might pay their portion of the balance, but it is not to say that the matter is settled. The insurance company might be due a portion of your settlement, and the hospital might try to take some too.
Third-Party Liability
Most insurance companies have a clause in their coverage about third-party liability. In short, the clause requires the insurance company to pay for medical treatment that is the result of an incident involving a third-party, such as an auto accident.
It also requires that you provide information on the party that is at fault and that in the event you receive payment for the medical treatment you received, you repay these fees to the insurance company. However, it is critical that you only pay what the insurance company paid. A careful review of your medical records is necessary to ensure you do not pay more than this amount.
Hospital Billing
Sometimes, hospitals will also try to stake a claim in a personal injury settlement, particularly when the victim required extensive medical care. In this instance, the hospital will try to recoup the difference in cost between the billed cost of their services and the reduced rate at which the insurance company paid.
For example, if an accident victim received $50,000 worth of billed care, but the insurance company only paid $20,00, they might try to come after the injury settlement for all or at least a portion, of the remaining $30,000. This practice, known as balance billing, is an overreach on the part of the facility and is illegal in some states, but it does not mean it does not happen.
Attorney Oversight
You do not need the money from your claim to leave a luxurious lifestyle; you need the money to return your life to what it was before the accident. It is important to have oversight by an attorney as you navigate the claims process to ensure you are not being subjected to unfair practices by both the insurance company and any healthcare providers you obtained care from. Make sure you have an attorney working with you.
If you have health insurance and you have been involved in an accident, it is important to speak with your personal injury attorney.
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