Contact Us for a Free Consultation 504-828-3313

Updates

Who is Responsible for Paying Medical Bills Following an Accident?

Posted by Megan Kiefer | Sep 16, 2020 | 0 Comments

After a slip and fall accident, trucking accident, car accident, or any other type of accident, you may be facing significant medical bills.  These days, one visit to the ER can cost thousands of dollars.  We are often called by potential clients who are concerned about getting their medical bills paid for or wondering who is responsible for paying their medical bills following an accident. 

In Louisiana, a tortfeasor is responsible for all of the damages that are reasonably foreseeable based on his or her negligent acts.  When making a claim against a third party for negligence, we seek compensation for all of the medical expenses that were incurred by our clients that medical experts relate to the accident or incident.  However, there is no general requirement for a third party's insurance to pay your medical bills in advance of your case ending.

How Can I get my Medical Bills Paid for While My Case is Pending?

Although it is not generally required for a third party to pay your medical bills while your case is pending, there are a few ways you may be able to get your medical bills paid while your case is pending.

  • Medical Payments Coverage under the Auto Policy. If you were a passenger in a vehicle that has medical payments coverage under its insurance policy, even if the driver of that vehicle was at fault, you can make a claim to get your medical bills paid while your case is pending.
  • Medical Payments Coverage under the Auto Policy. If you have an automobile policy that has medical payments coverage, you can make a claim to get your medical bills paid while your case is pending.
  • Medical Payments Coverage under Homeowners' Policy. If you were injured in an accident at someone's house, there may be medical payments coverage under their homeowner's policy that will pay your medical bills while your case is pending.
  • Medical Payments Coverage under Commercial Policy. If you were injured at a place of business, there may be medical payments coverage under their homeowner's policy that will pay your medical bills while your case is pending.

Will my Health Insurance Cover my Medical Bills?

This issues comes up all of the time.  For some reason, there is a widespread belief that you cannot use your health insurance if you were involved in an automobile accident or have a claim or case pending.  This is not true! We know we pay enough these days for our health insurance, from monthly payments, out of pocket expenses, and deductibles (that are often times thousands of dollars on their own).  If you are hurt in an accident, you can 100% use your health insurance. 

In fact, under current Louisiana law, if you have private health insurance, it is more beneficial to you to use it.  In Louisiana, under the Collateral Source Rule, a tortfeasor may not seek a reduction in the damages award for any written-off or discounted amounts procured by the tort victim's insurer. See, e.g., Griffin v. Louisiana Sheriff's Auto Risk Ass'n, 1999-2944 (La. App. 1 Cir. 6/22/01), 802 So.2d 691, writ denied, 2001-2117 (La. 11/9/01), 801 So.2d 37.   

What that means, simply, is that you are entitled to collect 100% of the bills that went to your insurance company, not just what they paid your healthcare provider.  So, if your Emergency Bill was $10,000, you are entitled to seek $10,000 from a tortfeasor even if the insurance company only paid the doctor $1,000.

The only caveat is that your health insurer may assert its “subrogation” right under its contract and seek reimbursement for the amount that it paid.   The good news is that we handle any of these subrogation claims for you for free with your injury case, so you can get the most recovery possible.

Can My Attorney Pay my Medical Bills While My Case is Pending in Louisiana?

Yes.  Often times our clients are uninsured or cannot afford their out of pocket costs under their health insurance following an unexpected accident.  In these cases, we may advance the costs of your medical treatment so that you can focus on getting better and not on financial stress.

Often times, we get clients who were completely unaware that there was significant medical payments coverage available to them that the insurance company did not tell them or, we have clients that were feeling pressured by the insurance company as well as financially to settle their case because they were concerned about paying the medical bills.  Don't do that without a legal consultation! If you settle your case, you may very well be waiving any right to seek compensation if your injuries wind up being severe. 

If you have been involved in a slip and fall accident, car accident, trucking accident, bicycle accident, or have sustained any other type of injury and you are worried about payment of your medical bills, give us a call for a free consultation on your possible claim.  We handle cases in New Orleans, Metairie, Kenner, and every other parish in the State of Louisiana.  

This is provided for informational purposes only and not for the purpose of providing legal advice.

About the Author

Megan Kiefer

Megan Kiefer is a partner at Kiefer & Kiefer. She is a trial attorney who specializes in personal injury, insurance defense, and appellate work and who has a proven track record in and out of court. Megan has experience as lead counsel in jury trials, judge trials, and mediations, as well as exte...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

CONTACT US

We are happy to provide you with a free consultation on your case.

Menu