If you’ve been injured in a car accident in California, you may be wondering who will pay your medical bills. This question is a common one that many accident victims and their families ask themselves.
When an unexpected collision leaves you hurt and facing piling up expenses for medical treatment, understanding how various insurance policies and legal options work is crucial.
Let’s examine the most common sources used to pay medical expenses stemming from California auto accidents. We’ll also share some critical steps for injury claim assistance and deadline insights you’ll want to know.
While individual cases vary, the following tips highlight typical scenarios and laws in California.
How Medical Bills Work After a California Crash
In many injury claims, the at-fault driver’s auto insurance company covers ensuing medical costs. Car insurance policies purchased in California must have liability coverage to compensate third parties.
When an insured driver causes a collision, their insurer pays accident victims for associated damages like:
- Ambulance rides.
- ER visits.
- Doctor appointments.
- Physical therapy.
- Chiropractic care.
- Medical equipment.
- Lost wages.
- Other accident-related costs.
Yet, payment disbursement is not always clear-cut. Factors like exactly who the at-fault party is, if drivers have appropriate insurance, which policies get tapped first, and injury claim deadlines all impact medical bill payments.
Having skilled legal guidance makes a significant difference in insurance payment outcomes.
When Your Car Insurance Helps Cover Bills
Let’s start with scenarios where your auto insurer pays for post-crash medical costs.
Minimum Liability Protection (MLP)
Your policy limits determine what your insurance company will pay for medical costs not covered by an at-fault or uninsured driver’s insurance company. With MLP, you will have $15,000 up to $30,000 per accident available to pay your post-accident medical bills. This coverage activates quickly, but caps may only partially cover your medical bills.
Medical Payments Coverage
Add-on MedPay benefits through your policy apply after accidents without assessing blame (no-fault). It kicks in after health plans before tapping into the at-fault driver’s insurance.
Again, limits are around $1,000 to $10,000, depending on your policy coverage selection.
MedPay reimburses you directly for care like:
- X-rays
- Surgery
- Hospital stays
- Prescriptions
- Nursing
- Prosthetics
Having both MLP and MedPay ensures maximum coverage from your insurer. Steps to access benefits include notifying your agent fast, submitting detailed medical bills and records promptly, cooperating fully, and understanding time limits.
Finally, most California auto policies set a one-year deadline to claim MLP Hey Siri and MedPay benefits after an accident.
What the At-Fault Party Insurer Should Ultimately Pay
Let’s now explore where the at-fault motorist’s insurer pays your damages. As mentioned above, every California driver must carry MLP coverage for bodily injury and property damage. This protection compensates third parties injured after a collision.
Determining Fault
Causation (fault) plays a huge role in insurance claims. Both insurers will investigate whether drivers broke traffic laws or drove negligently based on official crash reports, accounts from parties involved, witness statements, skid marks, damage assessments, and more.
They’ll also research factors like weather and road conditions that day, searching for alternate accident causes.
Claim Denials Based on Shared Liability
The at-fault driver’s insurance company may lowball or deny your claim if it finds you contributed to the accident. When insurers dispute liability, experienced California personal injury lawyers know how to assign legal culpability and overcome denial tactics. Law firms also understand state-specific negligence principles, traffic statutes, and crash forensics to build an airtight injury claim.
Uninsured Motorist Problems
Things get more complicated when the at-fault motorist lacks insurance or has insufficient bodily injury liability limits to pay your medical bills.
Every MLP policy also has a “per person” payout maximum. So, even if one party caused the collision, their coverage may not fully pay all your medical damages. Strategies like suing the driver directly or tapping your Uninsured or Underinsured Motorist coverage then come into play.
Your personal injury attorney can also compel insurers to furnish legal evidence supporting denial decisions. And California statutes entitle you to earn interest on overdue settlement payments. The bottom line is never to accept an insurer’s first low offer without exploring grounds to dispute comparative fault assumptions or medical damage valuations first.
What If You Lack Sufficient Car Insurance?
Now, what if you get hurt as a passenger, pedestrian, cyclist, or driver without enough insurance coverage? Your options include the following.
Submitting Bills to Health Insurance Plans
Submit your medical bills from the accident to your healthcare provider after auto insurance policies tap out. However, the at-fault motorist still owes you compensation for out-of-pocket costs like deductibles and copays. Your car accident attorney can pursue the liable party or their insurer through an injury liability claim to redress these payments.
Some health insurance contracts require you to repay any benefits they cover if you later earn an injury settlement. An experienced crash lawyer can carefully negotiate when settling multiple insurer cases.
Paying Out-of-Pocket
If you lack health coverage, paying accident-related medical expenses yourself may be the only option initially. Document all bills and records closely. In California, your legal counsel can later seek repayment from the responsible party via a civil personal injury lawsuit or small claims when amounts stay under $10,000.
Some providers may allow reasonable payment plans, too, if you communicate promptly and politely explain your situation.
Negotiating discounted rates directly with doctors, clinics, or hospitals is also wise, with guidance from a legal advocate familiar with prevailing local charges.
Specific State Laws That Affect Injury Medical Payment Claims
Now, let’s outline state-specific rules and statutes related to California accident injuries. Understanding these fundamental laws gives you a significant edge when collaborating with attorneys on a legal strategy.
California’s Damage Mitigation Statutes
California follows comparative fault rules, meaning one or both drivers may share in the negligence that caused the crash. This proportionate responsibility determines injury claim compensation.
Under the state’s “pure comparative negligence” rules, both parties may share some degree of liability based on actions leading to the incident.
- For example: Let’s say your medical bills total $400,000. But crash investigations reveal you were 25% liable for the accident. So, insurers and the courts can reduce your compensation by 25% to $300,000.
This damage mitigation rule also risks the other motorist pursuing legal action against you for their injury claim.
Experienced car accident lawyers prove negligence and fight attempts to shift any percentage of accident blame onto victims when unwarranted. Leveraging police reports, skid mark analysis, accident reconstruction, and more builds an airtight claim.
Government Vehicle Accident Rules
Unique protocols apply when a government car, bus, trolley, light rail train, utility truck, or other public agency vehicle injures you. Time limits to send notice and file claims against municipalities tend to be much more rigid, usually giving the injured victims six months to file their claims.
Navigating all the bureaucracy takes legal prowess, as multiple departments and insurance entities are often involved.
Again, don’t miss out on damages owed because you failed to meet strict notification deadlines that private accidents do not hold. Experienced attorneys account for these differences in public claim timelines.
Legal Help Remains Crucial When Facing Unpaid Medical Bills
An experienced personal injury attorney can guide you when determining fault and pursuing the at-fault motorist’s insurer for paying medical expenses.
They can also help you tap other avenues like personal coverage, health insurance, out-of-pocket funds, and more. Handling issues like unpaid medical bills requires timely action, legal know-how, and strategic negotiation to get you the maximum settlement.
If you have unpaid healthcare expenses following a California car accident, you must act quickly to protect your rights. In California, you typically have two years from the accident date to file a lawsuit against the at-fault driver. An attorney can negotiate on your behalf with insurance companies while strategizing about time limits.
Settlement Negotiations
Steps in settlement negotiations include submitting all documentation related to medical bills, lost wages, and other accident-related expenses. Your attorney can retain expert witnesses to prove long-term damages, warranting higher payouts.
Most personal injury cases settle out of court, but your lawyer can file a complaint to compel fair reimbursement.
Key Takeaways
- The most common sources of paying medical bills after California crashes are drivers’ auto liability policies, your MLP, MedPay benefits, health insurance company plans, and out-of-pocket funds.
- Promptly notifying your insurer and seeking legal help maximizes access to all potential compensation owed.
California Personal Injury Firm Holds People Responsible
If you or a loved one were injured in a California accident caused by another motorist’s negligence, Pasternack Injury Law Group in San Diego can help.
With years of combined experience exclusively handling CA personal injury claims, their attorneys offer personalized guidance. To explore your options for maximum medical bill reimbursement and lost wage coverage, contact them today for a case review.