Who Will Pay My Medical Bills After an Accident?

You set out from your home on a fine morning—maybe you were heading to work or on your way to do some shopping—and suddenly another car slams into you. In the best case scenario, your injuries aren’t that bad. But you still face the tasks of seeking medical attention and making a claim against the at-fault driver for causing you property damage and physical harm.

According to the Insurance Information Institute (III), the average claim for bodily injury in a car accident is $20,235, but a Nolo-Martindale survey of readers who made car accident claims reported an average settlement of $23,900. In other words, your “average” injury is going to be fairly costly, and you may face out-of-pocket expenses until you can get your claim or lawsuit settled. 

You don’t want to deal with an insurance claims adjuster on your own, so let me conduct the negotiations – and file a lawsuit if necessary. If you’ve been injured in an accident in or around Wilmington, North Carolina, contact me at Robert Lewis Armstrong Personal Injury Attorney. Helping people recover fair compensation for injuries caused by another’s negligence is my life's passion, and I’ve been doing it for nearly four decades. I proudly represent victims throughout all of North Carolina including New Hanover County, Pender County, Brunswick County, and Onslow County.  

North Carolina Is an At-Fault State

North Carolina’s auto insurance laws are based on fault. In other words, someone is totally or mostly at fault for a car accident, and that person should be held responsible. Depending on the auto insurance policy that you hold, you then have three options if you’re injured in an accident due to someone else’s negligence, actions, or inactions.  

You can file a claim with your own insurance company, which will then file a subrogation claim against the at-fault driver’s policy. You can also just file your claim with the at-fault driver’s insurer. Or, you can initiate a personal injury lawsuit. If you go the insurance route, an insurance company claims adjuster will contact you almost immediately.  

A claims adjuster’s job is to protect the insurer’s bottom line and profits, so their goal is to get you to say or do something (like release your medical history to them) that would give them space to lowball their settlement offer—or deny your claim entirely. That's why you don’t want to deal with a claims adjuster without the help of an experienced car accident attorney.  

Will My Car Insurance Pay My Medical Bills?

The answer to that question depends on two factors: The level of insurance, or lack thereof, of the at-fault driver, and the level of your insurance. Regarding your personal auto insurance, a basic policy is known as 30-60-25.  

• 30 = $30,000. This stands for payment for injuries to one person that you cause as the at-fault driver 

• 60 = $60,000. This will cover injuries you cause in an accident to all persons.  

• 25 = $25,000. This covers property damage you cause in an accident.  

Fortunately, North Carolina also allows you to carry uninsured and underinsured bodily injury and property damage coverage. If the other driver is uninsured or underinsured, then these features will help recover for your injuries and property damage. The injury levels are $30,000 per person and $60,000 for all injured. This coverage can actually go up to 1 Million dollars (additional premiums apply). Moreover, If you want to cover your injuries through your own policy, you can purchase optional Medical Payment (Med Pay) coverage. 

Do I Have to Use My Own Health Insurance? 

Making an insurance claim or filing a lawsuit can take a while to yield results. In the meantime, you may have to pay your medical bills through your own health insurance, or out of pocket. Even if your insurance covers your expenses, there can be deductibles and copays. 

However, health insurers often have “secondary clauses” in their policies, which require you to reimburse them for what they paid out when you receive your insurance claim or lawsuit settlement. Even if your health insurer pays your medical expenses, it will then potentially have a right of reimbursement against your third party claim. Consequently, it is extremely important to hire an attorney regarding this issue.

What If I Don’t Have Health Insurance?

You can go to an emergency room (ER) for treatment, and by law, they cannot turn you down. Under the Emergency Medical Treatment and Labor Act (EMTALA), anyone who goes to the ER must be stabilized and treated, even if they are uninsured and it’s not clear how they will pay for treatment.  

You may well receive a bill from the ER, but the settlement from the at-fault driver’s insurance policy, through your own uninsured or underinsured coverage, or from a personal injury lawsuit, can help satisfy or totally cover the charges incurred. That’s another reason you need me to handle your claim or lawsuit. 

Skilled Legal Advocacy at Every Stage

The best advice is to never look at a car accident injury situation as a DIY proposition. If you try to navigate the process yourself, you’ll be at the mercy of a claims adjuster trained to limit your settlement. Let a dedicated personal injury attorney handle all aspects of your post-accident compensation pursuit.  

As your lawyer, I will protect your rights and fight for the maximum settlement you deserve for your injuries and associated medical expenses, as well as for any lost wages and non-economic damages such as pain and suffering. If you’re in Wilmington, North Carolina, or anywhere in the state, reach out to Robert Louis Armstrong Personal Injury Attorney for reliable legal support after your wreck.