As car accident attorneys, we know how stressful a car crash can be, especially if you suffered injuries requiring medical treatment. All too often, we hear of folks refusing medical attention, fearing ballooning medical bills or going into debt. This article will address who is responsible for paying those bills.
PERSONAL INJURY PROTECTION
Personal injury protection (PIP) benefits available through your car insurance is a no-fault coverage for medical bills resulting from a car accident. Only 12 states require personal injury protection (PIP) coverage as part of their mandatory auto insurance policy offerings. Fortunately for Oregonians, Oregon is one of those states.
If you are injured in a car accident and need treatment, the PIP insurance policy for the car you were in will cover your medical expenses up to the PIP policy limits. In Oregon, PIP coverage for medical expenses must be at least $15,000, but individuals can purchase higher limits. Some insurance companies regularly sell $100,000 PIP coverage. No matter who is at fault for the accident, PIP will be first in line to pay the medical bills. PIP will pay all medical charges for treatment related to the car accident. This includes:
- Ambulance
- Emergency room/Urgent care
- Hospital
- Medical doctors
- Physical Therapist
- Massage Therapist
- Chiropractor
- Counselling
- Prescriptions
- Other related medical treatment or devices
LIMITS ON PIP BENEFITS
There are a couple of primary constraints you should be aware of regarding PIP coverage. Medical treatment must be considered reasonable and necessary to treat injuries caused by the car accident. If you injured your neck during the car crash and received massage therapy for your lower back, there is a strong likelihood that PIP will not pay for that treatment. Secondly, there is a two-year time limit for coverage. Any treatment you receive after the two-year period will not be covered by PIP, even if it is related to the accident. Also, we should note that PIP does not apply to motorcycle coverage.
MULTIPLE PIP POLICIES
It is possible that you may have more than one PIP coverage available to you. For example, if you are a passenger in someone else’s car, their PIP coverage will be primary, but if you have your own car insurance, your PIP coverage will also be available to you as excess coverage. In that scenario, you will have $30,000 in available PIP coverage (assuming both policies have the minimum $15,000/policy).
HEALTH INSURANCE
If you exhaust all your available PIP medical benefits, but continue to need medical care, your health insurance will be next in line to pay for those bills. If you were not at fault for the accident and pursue a personal injury claim against the at fault party, be aware It is likely that your health insurance will assert a lien on that claim for repayment. Your car accident lawyer will review your specific circumstances to determine if that lien needs to be repaid.
If you are not at fault for the accident, ultimately, the at-fault party should be paying for all of your medical treatment. When you are ready to settle your claim, reimbursement of the medical liens as well as paying off outstanding medical bills must be addressed BEFORE any settlement amount is agreed to. You should never settle your case without first consulting an experienced car accident attorney.
Other questions you may have after an accident.
Do I call the other driver’s insurance company to report the accident?
Do I file a claim with my own insurance company?
Should I get medical treatment?
Who will pay for the damage to the car?
Will I be able to get a rental while my car is being repaired?
