Ask a Car Accident Injury Lawyer: Who Is Responsible for Medical Bills?
After a car accident, one of the immediate concerns is often mounting medical bills. From emergency room visits and ambulance costs to prolonged therapies, surgeries, and rehabilitation, the costs can quickly escalate. In Texas, determining who foots the bill involves having an understanding of fault, how policies play into the issue, and how Texas deals with personal injury claims. Your car accident injury lawyer in San Antonio is the perfect person to help you fully understand how all of this will apply specifically in your case.
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Ask a Car Accident Injury Lawyer in San Antonio: Who Is Responsible for Medical Bills?
Fault
Texas is what’s commonly known as a “fault” state. This means the party who is determined to be at fault for the accident is responsible for any resulting damages, including medical bills.
However, that’s not the end of the story. The at-fault party’s coverage, or lack thereof, can be a factor. In some cases, there’s also more than one at-fault party, and this will affect how medical bills eventually get covered.
At-Fault Party’s Liability
In Texas, drivers are mandated to carry liability. This is meant to cover the costs of injuries and property damage that the at-fault driver might cause to other parties. When an accident occurs, the injured party can file a claim with the at-fault driver’s company to seek compensation for their medical bills.
However, there are limits to these policies. The minimum liability coverage in Texas is $30,000 per person and $60,000 per accident for bodily injuries. If medical bills exceed these amounts, the at-fault party could be personally liable for the difference: however, they may also not have the resources to pay.
Personal Injury Protection (PIP)
Texas auto policies also come with Personal Injury Protection (PIP), unless you specifically decline this in writing. PIP is a no-fault coverage, meaning it pays out regardless of who caused the accident. It covers medical expenses and 80% of lost income due to injuries. Even if someone else is at fault, a person’s PIP can help cover immediate medical costs until a claim is settled with the at-fault party’s insurer.
Uninsured and Underinsured Motorist Coverage
What happens if the at-fault driver lacks insurance or doesn’t have enough to cover all the medical bills? This is where Uninsured and Underinsured Motorist (UM/UIM) coverage comes into play. It’s optional coverage in Texas, but is invaluable, as it covers medical expenses when the at-fault driver’s insurance is insufficient or non-existent.
Health Considerations
In some instances, an injured party’s health insurance might cover the medical bills upfront. However, they often have a right to subrogation. This means that if the injured party receives a settlement from the at-fault party’s, the health insurer may seek reimbursement for the medical expenses they covered. Your lawyer will help make sure that the insurer doesn’t end up trying to take more than they are entitled to from your settlement. For more information, click here.
Med Pay Coverage
Another optional coverage is Medical Payments (Med Pay) coverage. Similar to PIP, it pays medical bills regardless of fault. However, unlike PIP, it only covers medical expenses without accounting for lost wages. It’s beneficial as an additional safety net, especially if medical bills start to mount quickly.
Litigation
If claims do not adequately cover the medical expenses or if there’s a dispute regarding fault, the injured party may opt to file a lawsuit. Through litigation, they can seek compensation not only for the immediate medical bills, but also for projected future medical expenses related to the accident. During the lawsuit, factors such as the severity of your injuries, the credibility of your medical documentation, and witness testimonies will all go into determining the compensation amount.
When Multiple Parties Are at Fault
Texas has a modified comparative negligence system known as proportional responsibility. If an injured party is found to be partially at fault, their compensation will usually be reduced proportionately. Anyone who bears more than 50% of the blame for an accident is not entitled to recover any damages.
So, for example, if someone hit you for running a red light, but you were texting at the moment and not paying attention, a court might determine that you are 20% at fault for the accident. The other party is primarily at fault and thus cannot recover damages and must cover your losses, including medical bills, but the amount yu are awarded will ultimately be reduced by the percentage of your responsibility: 20%.
Why a Car Accident Injury Lawyer in San Antonio Is So Important
Given the complexities surrounding determining the responsibility for medical bills post-accident, having legal representation is absolutely essential. Lawyers can help you find all available insurance coverages, assist you in negotiations with insurance companies and defend your degree of fault against attempts to assign more blame, and they can file lawsuits for you if necessary. Their expertise is instrumental in ensuring that you get what you need to fully cover your medical bills.
Several avenues, from insurance claims to litigation, exist to assist victims in obtaining compensation for their medical bills. For the best outcome, always work with a skilled lawyer.
