Seeking medical attention is your first step after a car accident. Some injuries don’t manifest immediately, and you may not feel symptoms masked by adrenaline. After treatment, you may have to repair your vehicle, deal with insurance and legal issues, cope with trauma, and adjust to your post-accident life.
You need help determining who pays for medical bills after a car accident in Texas. Generally, the at-fault driver is liable for covering medical costs and other damages through their insurance. But determining fault isn’t always easy, and you may even have to handle expensive medical bills yourself before reaching a resolution.
There are several options for covering your medical costs after an accident. Our attorneys can advise you regarding your choices. Call (469) 813-7332 or contact us online for a free, no-obligation case review with our skilled car accident lawyers.
When Your Insurance Pays Medical Bills After a Car Accident in Texas
You may have to turn to your insurance if you are at fault in a car accident. If another party is at fault, you may have to cover bills while waiting for a settlement. Your options include:
- Personal injury protection coverage (PIP) – PIP covers reasonable medical bills, funeral expenses, 80 percent of lost wages, and certain other expenses for drivers and passengers, regardless of fault. Texas insurance companies must offer at least $2,500 in PIP coverage, but you can opt-out in writing.
- Medical payments (MedPay) coverage – This coverage is also optional and only covers reasonable medical and funeral expenses. Even so, if your insurer offers it, MedPay can provide additional financial protection in case of high medical costs,
- Health insurance – Your health insurance likely covers car accident injuries. Health insurance allows you to get treatment immediately, even while your auto liability claim against the at-fault party is pending. It can also cover you if your medical expenses exceed auto liability coverage limits.
What if I Don't Have Health Insurance To Cover My Injury Expenses?
Under federal law, health care providers who receive Medicare funds cannot deny you emergency treatment. This includes most hospitals. However, getting quality treatment without insurance can be difficult once you are stabilized.
Our knowledgeable attorneys can help by preparing a Letter of Protection (LOP). Under an LOP, a doctor agrees to treat you in exchange for compensation secured through your car accident claim. The doctor will carefully document your treatment to help you secure enough compensation through your case to cover the expenses.
Filing a Claim Against the At-Fault Driver
Texas is an at-fault insurance state, which means the negligent party in a car accident is responsible for covering your damages through their auto liability coverage.
Texas also uses a comparative negligence standard in personal injury claims, meaning you can seek damages from the at-fault party if you were less responsible for the accident than them. Your percentage of liability will reduce your compensation proportionately. For example, if you suffered $1 million in damages but were 20 percent responsible, you can recover $800,000.
Defendants and their insurers may try to blame you to minimize payments. In some cases, liability is straightforward. In others, it can be quite complex. Things that may contribute to liability in a car accident include:
- Speeding
- Running red lights
- Distracted driving
- Drunk driving
- Tailgating
Obtaining a copy of your police report is crucial for determining liability. If you’re unsure who caused your accident or need help proving you weren’t at fault, our experienced Texas car accident lawyers can conduct a thorough, independent investigation to determine liability.
How Our Lawyers Can Help Determine Who Will Pay for Medical Bills After a Car Accident in Texas
Several factors can complicate how medical bills are paid after a car accident and how long it takes to receive compensation. Our experienced attorneys have dealt with these issues before and know how to handle them. Here are things we can do to navigate these challenges:
- Prove the other driver’s fault, even if they deny it.
- Challenge low settlement offers from insurance companies.
- Gather important evidence to support your claim.
- Pursue compensation for additional damages, such as lost wages, pain, suffering, and property damage.
- Ensure you receive appropriate medical assessments to fully understand the extent of your injuries.
- Counter low settlement offers that don’t address your long-term needs.
The Texas car accident statute of limitations is normally two years from the date of injury. Subject to very few exceptions, you lose your right to seek compensation in court if you miss the deadline. If you choose to work with us, we will build a strong case on your behalf and ensure it is filed on time.
What if the Other Driver Has Insufficient Insurance To Cover Medical Bills?
The Texas DMV estimates that 20 percent of drivers in the state are uninsured. If you’re involved in an accident with an uninsured driver, you can turn to your uninsured/underinsured (UM/UIM) policy to cover your medical expenses and other damages. This coverage also applies in accidents with unidentified hit-and-run drivers.
Texas car insurers must offer UM/UIM coverage, but you can opt out in writing. Though the Texas Supreme Court has ruled that you can “stack” UM/UIM coverage with other insurance, determining how this precedent applies to individual cases can be complex. We are here to investigate the governing law in your case. Stracener v. United Services Auto. Ass’n, 777 S.W.2d 378 (Tex. 1989).
What Is a Medical Lien?
Under Texas law, hospitals and some emergency medical services providers can file liens against personal injury proceeds, giving them a limited right to recover the cost of treating accident victims. They must give you notice and file before you receive compensation. Lien amounts are subject to strict limits. In Texas, medical liens do not attach to workers’ compensation and most insurance proceeds.
Get Help From an Experienced Lawyer at Shamieh Law
We fight tirelessly to recover fair compensation and pursue justice on behalf of our clients. Our team can help you find a doctor to treat your injuries and handle all communications with insurance companies eager to deny your claim. We will protect your rights while you focus on healing from your injuries. Call (469) 813-7332 or contact us online to schedule a free, no-obligation consultation with our skilled Texas car accident lawyers.
