Injured Person Filling Out Health Insurance Paperwork

The most important thing that you can do after you have been hurt in a motorcycle accident is to get medical care. If you are in pain, out of work because of your injury, or if you are in danger of further harm without medical care then time is of the essence. You need immediate medical attention and you may give little thought to allowing the doctor or hospital to bill your health insurance company.

But Paying With Your Own Health Insurance Can Cause Problems

Assuming for the purposes of this answer that your health insurance agrees to pay for your medical treatment after a motorcycle accident injury, it is important to know that:

  • You will need to pay your deductible and co-pays. This can be thousands of dollars, depending on the specific terms of your health insurance plan.
  • Health insurance will not cover all of your medical costs. Even after you have met your deductible and factored in your co-pays, there may be other expenses. Your health insurance company may not, for example, cover all of the physical therapy or occupational therapy that you may benefit from after a motorcycle crash.
  • Health insurance will not cover all of your non-medical costs. While your health insurance company may agree to pay for your doctors’ visits and medical treatments, your health insurance company is not going to pay for any other losses related to the accident.

A Personal Injury Case Can Protect Your Rights

In most cases, motorcycle accident insurance policies should cover damages—including healthcare costs—before health insurance companies. However, a motorcycle accident insurance company is unlikely to pay your healthcare costs and other damages unless you demand that it do so by pursuing a legal claim.

As you pursue a negotiated settlement with the motorcycle insurance company or a case in court, you should be fighting for your recovery of all of your past and future:

  • Healthcare costs
  • Lost income
  • Out-of-pocket expenses
  • Pain and suffering

While all of these expenses may be part of your recovery, you may have a legal responsibility to pay back your health insurer for any healthcare costs they covered that are also part of your legal recovery. This is known as subrogation of benefits.

Make Sure You Are Treated Fairly If a Health Insurer Subrogates Benefits

Whether or not you have a legal responsibility to reimburse your health insurer depends on the exact terms of your health insurance contract. An experienced motorcycle injury lawyer will review the terms of your contract to determine if there is a subrogation clause and if the bills that your health insurer paid are subject to the subrogation clause. If your health insurer does have a subrogation claim, then your lawyer will make sure that your health insurance company is only paid what it is legally entitled to and nothing else.

Get the Medical Treatment and Fair Recovery You Deserve

Getting the medical treatment you need is your highest priority after a motorcycle crash. We encourage you to see a doctor as soon as possible and then to contact us to make sure that your full financial recovery is protected.

Our experienced attorneys can determine who was liable for your accident and which insurance company should pay for all of your motorcycle injury damages. To learn more, please fill out our online contact form and allow our experienced lawyers to contact you to schedule a free initial consultation.

Jason F. Abraham
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Managing Partner, Hupy and Abraham