After a car accident, the defendant will generally be responsible for paying medical bills for the person who was not responsible for the accident. This is usually covered by insurance.
No-Fault vs. Fault States
In a no-fault state, each driver is responsible for paying their own share of medical expenses, regardless of who is at fault for an accident. Tennessee is an at-fault state, so medical bills are the responsibility of the person who caused the accident.
Who Covers Medical Bills as They Are Incurred?
The at-fault driver’s liability insurance company will not cover medical bills as they are incurred. Instead, these expenses should be covered by a person’s health insurance. If a person has no insurance, some medical providers may be willing to file a lien instead of billing a health insurance company and get paid directly out of the car accident settlement.
Some drivers in Tennessee may have no-fault medical payment coverage on their car insurance, even though it is not required. In this case, medical bills can be covered right away by a person’s own car insurance company. These payments should not cause a person’s liability coverage payments to rise.
What is Subrogation?
After a health insurance company pays for medical bills related to an accident, the company will expect to get paid back for these costs when the case is later settled or if the injured party receives a favorable jury verdict. Many people wonder why they should have to repay their health insurance company even after they have been paying for health insurance for many years. Usually, there is a clause in a person’s insurance policy stating that the insurance company has a right of repayment or a right of subrogation in the event of negligence caused by a third party.
Filing a Claim with the At-Fault Driver’s Insurance Company
Usually, the insurance company of the person who caused an accident will be listed on any accident reports completed by law enforcement. After contacting the company, a claim number will be assigned to the case, and a claims representative will be assigned to handle it. The insurance company will need a lot of information from the person who filed a claim, such as all medical records and bills related to the accident as well as any medical records from previous years.
What if the Driver Responsible for the Accident had No Insurance?
If an at-fault driver had no insurance, there may still be ways to get medical bills covered after an accident. Many drivers have uninsured or underinsured motorists’ coverage to protect them in the event of an accident with another driver who either has no liability insurance or does not have enough insurance to cover a person’s medical bills. For example, if an at-fault driver has $25,000 in coverage but a person injured by that person’s negligence incurred medical bills that are in excess of $30,000, the injured person’s own underinsured coverage may help pay the bills.
In many cases, it is easier to hire a lawyer to determine whether coverage exists and to negotiate with the at-fault driver’s insurance company. An experienced personal injury attorney can ensure that no coverage is left out and that only a fair settlement is accepted.
