Who Pays My Medical Bills While My Case Is Pending?

The other driver’s insurer does not pay as you go

This surprises almost everyone. Even when the other driver was plainly at fault, their insurance company usually does not pay your medical bills as they arrive. It pays once, at the end, when the whole claim is settled.

That can be months away. In the meantime, the bills are real, the collection letters can start, and you still need treatment. So the question is how to keep getting care, and who pays for it in the meantime.

The usual answers

Your health insurance. If you have it, use it. Your copays and deductibles still apply, and your plan may later ask to be repaid from your settlement, but it keeps your care going now. Using your insurance does not hurt your claim.

Your own medical payments coverage. If your auto policy includes med-pay, it pays medical bills after a crash regardless of who was at fault. The amount is usually modest, but it is available quickly and it is often overlooked. Check your policy.

Medi-Cal or Medicare. If you are covered, they will pay for treatment. They will need to be repaid from the recovery, and there are rules for how much.

Doctors who treat on a lien. If you have no insurance, or your insurance will not cover what you need, some providers will treat you now and wait to be paid from the settlement. That arrangement is a medical lien, usually backed by a letter of protection from your lawyer.

Workers’ compensation. If you were hurt while working, including driving for work, workers’ compensation pays for treatment. It may not be your only claim. Tell your lawyer you were working.

What not to do

• Do not skip care because of cost. A gap in treatment is the argument insurers reach for first. Read why gaps in treatment hurt a claim. Call your lawyer instead; there is usually a way.
• Do not ignore collection letters. Send them to your lawyer, who can tell the provider there is a pending claim.
• Do not put large bills on a credit card without asking first. There may be a better way.

How it all comes together at the end

When the case settles, the money goes into the law firm’s trust account. Whoever paid for your care along the way, and any provider still owed, is identified and paid, often at a negotiated reduction. You get a written breakdown of every dollar. Read what a medical lien is for how that part works.

Talk to Boyd

If the bills are piling up and you are not sure how to keep getting treated, call now rather than later. The consultation is free, and Boyd takes the call himself: (714) 656-2400.