After a car accident, you might wonder how your medical bills are going to get taken care of. You might know personally that you aren’t going to be able to handle them on your own based on your situation, or that you would have to wait until your settlement or trial is complete before you pay these bills. However, in the meantime, they continue to pile up and you know that you’re going to have to wait to pay several months if you wait until settlement. What can you do about this?
Does the Defendant Have to Pay Up?
Many people believe that a defendant in your case will have to pay medical bills on an ongoing basis. You might believe that, just because you know the defendant caused your injuries, they will have to start paying for your medical bills the moment they start coming in. However, this is not the case. The general rule is that, following an accident, you will be expected to take care of your medical treatment until you reach a settlement or trial. Even if the person is clearly at fault and police have even recommended this on the report, this does not automatically mean that they will have to pay for your bills on an ongoing basis.
However, if the defendant in your case is found to be at fault at the resolution of your settlement or trial, they must pay you the damages as you are owed them. Your medical treatment might become part of your damages. If the judge decides that they owe you for every single one of your medical bills, then you will be reimbursed for them as you pay them.
No-Fault and Non “No-Fault” States
In a no-fault state, coverage of your medical bills will depend on whether you live in one of these states or not. If you live in a state with no-fault insurance, this means that your insurer will pay for some or all of your bills after you have been involved in an accident, regardless of who is at fault. However, if you don’t live in a no-fault state, the rules are different. West Virginia is not a no-fault state.
This means that, if you live in West Virginia and you have been involved in a car accident, you will generally be responsible for taking care of your medical bills related to the accident. If your health insurer does handle some of your medical bills depending on your state or specific situation, they will be entitled to reimbursement for these bills at the end of your settlement or trial.
It is sometimes difficult for those involved in an accident to face the reality that they might have to cover their medical expenses all on their own, especially when they know that it will be difficult to afford them on their own. At Katz Kantor Stonestreet & Buckner, we represent clients in various areas of personal injury law and want to ensure that you are protected every step of the way. We understand how complex these cases can become and want to be your voice during this time. Contact us for more information at (304) 713-2014.
Note: This post was created with the help of secondary sources operating independently from Katz, Kantor, Stonestreet & Buckner Law Firm. The information used from these sources has not been independently confirmed by our staff. If anything included in these posts is incorrect, please inform us and we will promptly correct the post.
Disclaimer: Our intent with these posts is to honor the victims of these terrible accidents and inform the public about how to avoid these accidents and what to do in the event of one. This information should not be considered legal or medical advice.
