In Alabama’s fault-based auto tort system, the at-fault driver is legally responsible for your medical bills, but their insurance company pays in one lump sum when your case settles, not as bills arrive. In the meantime, according to the car accident attorneys at Morris, King & Hodge, P.C., medical treatment is often paid through your health insurance, MedPay coverage, or a medical provider lien arrangement, with the settlement resolving the balances later.
A car accident can result in severe injuries that could require significant medical treatment, therapy, and rehabilitation. These medical expenses could be quite costly, particularly when it comes to surgeries, hospital stays, prescription medication, and more.
If someone else’s negligent or reckless actions caused the crash that hurt you, the at-fault party should be responsible for paying your medical bills and other unexpected expenses. Depending on the circumstances, you could have the right to file an injury claim or personal injury lawsuit to hold them accountable and recover fair compensation for the losses you’ve incurred.
It’s important to understand that you’ll only have one opportunity to agree to a monetary settlement for your claim. You can’t go back and file a new claim later on if your injuries worsen, which is why it’s crucial to account for all of your medical expenses – both current and future.
Contact Morris, King & Hodge, P.C., for a Free Consultation Now
The attorneys of Morris, King & Hodge, P.C., represent people who’ve been injured in car accidents in Huntsville and the surrounding areas of Alabama. We are ready to thoroughly evaluate your accident and injuries and help you understand your rights. Contact us now to learn more in a free, confidential consultation.
Injured? Call Morris, King & Hodge
Our experienced Huntsville car accident lawyers are here to fight for you. Contact us now!
Average Cost of Medical Bills After a Car Accident in Huntsville
The cost of medical bills for injuries caused by car accidents can vary widely depending on the unique factors of each case. According to data from the Insurance Information Institute, the average size of auto liability insurance payouts for bodily injury is $24,211 in the U.S. Of course, that’s just an average. Many payouts are much larger, and some are smaller.
Alabama requires motorists to carry liability insurance with the following minimum limits:
- $25,000 for death or bodily injury to one person
- $50,000 for death or bodily injury to two or more persons
- $25,000 for damage or destruction of property.
Considering that the average payout for personal injury claims is almost the same as the minimum required coverage for injuries to one person, it is easy to see that policies with basic coverage are often not enough to pay all of a car accident victim’s medical bills. In such cases, you may be able to pursue coverage under your own auto insurance policy’s uninsured motorist/underinsured motorist (UM/UIM) coverage. Alabama law (§ 32-7-23) requires insurers to provide UM/UIM coverage by default, unless the insured declines it in writing.
Medical expenses from car accident injuries come from costs, such as:
- Ambulance trips
- Emergency medical services
- Inpatient and outpatient hospital visits
- Doctors’ office and specialist visits
- Diagnostic tests
- Surgical treatments
- Prescription medications
- Medical supplies and equipment
- Therapy and rehabilitation services
- Home, vehicle, or workplace accessibility modifications
How to Get Your Medical Bills Paid After a Car Accident in Huntsville
If medical bills start piling up after an accident, you might be worried about how you’ll be able to pay for them while supporting yourself and those who depend on you. The way your medical bills are paid after a Huntsville car accident depends on several factors related to the crash.
First of all, you’ll need to determine who was at fault. If another party was responsible for the accident, you could be eligible to seek fair compensation from them, or more likely, their auto insurance policy.
If you were partially or fully responsible for the accident or cannot prove that someone else was at fault, you might need to rely on your own insurance policies to cover your medical bills.
Who Pays Medical Bills After a Car Accident in Huntsville?
Any of the following parties may be liable for your medical bills after a car accident in Huntsville:
- Another motorist or responsible party – This includes negligent car drivers, truckers, motorcyclists, bicyclists, or pedestrians. You might be entitled to compensation if you file an injury claim with their insurance provider or take them to court through a personal injury lawsuit.
- Your MedPay insurance provider – MedPay insurance is not required in Alabama, but if you elected to carry this type of coverage, it could pay for your accident-related medical bills no matter who was at fault.
- Your health insurance provider – If you do not have MedPay coverage or your medical expenses exceed your policy limits, you may be able to rely on your health insurance provider to make up the difference.
- An employer – If you were injured while driving for work-related purposes, you might be entitled to benefits from your employer’s workers’ compensation insurance policy. Similarly, if another driver caused the wreck while driving for work-related purposes, their employer may be vicariously liable.
- A government agency – If the accident involved the negligence of a government employee or agency, you might have grounds to file a claim against a municipal or state government.
- An auto manufacturer – If an automotive defect caused the crash or made your injuries worse than they otherwise would have been, the manufacturer responsible for the defect could be held liable for your losses.
If you were responsible for the crash and you have no insurance coverage of any type, you might be responsible for the cost of your medical bills.
If you are waiting on a settlement or are pursuing a personal injury lawsuit, your lawyer might be able to work with the hospital’s billing department to reduce the amount you owe or delay your obligation to pay until your case is settled.
Alabama Hospital Liens on Car Accident Settlements
Hospitals and other medical providers may place a lien against your future car accident settlement or judgment as a way to ensure their bills will get paid. A lien is a type of claim against any financial award you receive through a third-party liability insurance claim or personal injury lawsuit over the car accident that injured you.
Ala. Code § 35-11-370 details when a hospital can declare a lien. Ala. Code §§ 35-11-371 through 35-11-375 provide the specific details on how medical liens are handled, including perfection, release, and satisfaction.
You do not need to worry about the legal technicalities of hospital liens when you work with the experienced personal injury attorneys at the law firm of Morris, King & Hodge, P.C. We can take care of dealing with the hospitals and insurance companies while you focus on your health. Our goal is to maximize the amount of money you can recover while making sure all outstanding claims against your recovery are satisfied.
Health Insurance Subrogation and Alabama’s Made Whole Doctrine
Some employers in Huntsville and throughout North Alabama provide medical coverage through self-insured ERISA plans instead of providing health insurance through an outside insurance company. The distinction can significantly affect the final outcome of a compensation package in a personal injury claim. That is because federal law – not state law – governs ERISA health plans.
Federal law can provide priority to ERISA health plans in recovering reimbursement for accident-related medical bills in certain circumstances by bypassing state laws like the made whole doctrine. The Alabama made whole doctrine holds that an insurer cannot seek subrogation from an insured’s settlement or judgment unless the insured has already received full compensation for their losses.
The experienced personal injury attorneys at our law firm are prepared to tackle complex subrogation issues in cases involving self-funded health plans to seek an outcome that provides maximum compensation under the law.
Can Contributory Negligence Stop My Medical Bills from Being Paid?
Alabama’s strict contributory negligence rule could affect the outcome of your personal injury claim against the motorist or other party at fault for causing the crash. The contributory negligence rule prevents a claimant in a personal injury lawsuit from securing any compensation from other at-fault parties if the court finds the claimant’s negligence played any role in causing the crash.
Contributory negligence issues should not affect whether some other forms of insurance coverage, such as health insurance and MedPay coverage, are available to pay accident-related medical bills.
Insurance adjusters often raise a contributory negligence defense in an effort to avoid paying fair compensation to injured people. That makes it critical for you to get help from an experienced car accident attorney at our law firm.
How to Calculate Future Medical Costs from a Car Accident
When you calculate the cost of medical bills for injuries caused by car accidents, it’s essential to account for future medical expenses. Once you settle your car accident claim, you won’t be able to ask the other party for more compensation.
It’s not easy to calculate future medical expenses, but your doctor and an experienced personal injury lawyer can help. In some cases, you may need to wait until you reach maximum medical improvement (MMI) before you can make an accurate estimate. MMI is the point when further medical treatment is not likely to improve your condition.
If it looks like you’ll need to wait months or years before you can settle your claim, an attorney can help you communicate with medical providers so they understand the status of your claim and your ability to pay.
Once you reach MMI, your attorney can work with medical experts to calculate the long-term costs associated with your condition.
Who Gets the Insurance Check for My Medical Bills?
In most cases, the settlement check you receive from the insurance company after a successful car accident claim will be made payable to both you and your attorney. Your lawyer might place your settlement money in a trust account until the bank clears the funds.
If you owe outstanding liens, like unpaid medical bills, reimbursement to your insurance company, or others, your lawyer will be required to pay them from your settlement funds before issuing your settlement check. The lawyer’s fee will be deducted from the settlement.
What to Do When You Can’t Pay Your Medical Bills
If you need medical care after a car accident but can’t rely on insurance compensation or personal funds, there are still ways to make sure your medical bills get paid. For example, some medical facilities provide financial assistance or reduced-fee programs to lower-income patients.
You can also work with a knowledgeable Huntsville car accident attorney to evaluate your situation and determine whether you may have overlooked any potential sources of compensation. Most personal injury lawyers, including the team at Morris, King & Hodge, P.C., provide free consultations at no obligation to you, so there’s no risk or fee when you seek answers.
Injured? Call Morris, King & Hodge
Our experienced Huntsville car accident lawyers are here to fight for you. Contact us now!
Contact Morris, King & Hodge, P.C., for a Free Consultation Now
When medical bills begin piling up after a car accident, don’t despair. There are often options available to you. At Morris, King & Hodge, P.C., our Huntsville car accident lawyers have more than 50 years of experience standing up for injured victims. We’re ready to assist you.
When you’re ready to take action, contact us to get started with your free initial case review.