The Payment of Car Accident Medical Bills in California
Car accidents can be traumatic experiences with resulting injuries. Here’s everything you need to know about handling the payment of medical bills after a car accident in California.
In California, medical bills resulting from a car accident are paid by the person responsible for the collision or the defendant’s insurance company. Consulting with a legal expert may be necessary in determining who is at fault for the accident. An attorney can provide a free consultation to assist you in paying your car accident medical bills.
Driver Negligence in a Car Accident
California drivers have a duty to safely operate their vehicle in respect to themselves and other drivers. The person at fault for a collision is responsible for paying car accident medical bills. Driver negligence can be used to show who is at fault in a car accident.
Negligence is defined as the failure to use reasonable care to prevent harm to oneself or others. If a driver fails to perform the way a reasonably careful person would and consequently causes an accident, the driver can be proved negligent and responsible for the medical bills of all persons involved.
Related: How to Prove an Injury Is From a Car Accident
Comparative Negligence in California
In some car accidents, neither driver can be found completely at fault. Car accidents where drivers are both partially at fault enact California’s comparative negligence laws.
Comparative negligence allocates the percentage of fault to each driver based on their respective contributions to the accident decided by a jury. The percentage of fault of the plaintiff is used to reduce the damages awarded.
If comparative negligence is applied, the percentage of the more liable driver will be the percentage paid of the other driver’s medical bills.
Submitting Medical Bills in a California Injury Case
The person who is not responsible for the accident must complete a few steps to ensure medical payment from the liable party. The liable party’s insurer will request copies of medical bills and a proof of the diagnosis from the victim’s primary care physician. Many insurers also request medical records from past years to guarantee injuries originated from the car accident, but a pre-existing condition could still be proved worsened from the collision.
Any police reports, photos, witness reports, and compiled evidence from the scene can be useful in proving the necessity of a medical bill payment.
Related: How to File a Car Accident Claim
FAQs About The Payment of Car Accident Medical Bills in California
What if I can’t pay my medical bills while waiting for the liable party?
Liable parties may not immediately pay damages. You may have to use your own insurance to pay your medical bills while waiting for the settlement. Some doctors will work for a medical lien. A medical lien allows patients to pay a health care provider directly from the settlement after the case is resolved.
What if I am injured in a car accident and don’t have health insurance?
If you don’t have health insurance to cover your medical bills, there are other options available. California law requires hospitals to negotiate discounts or provide a reasonable payment plan with patients who do not have medical insurance or whose family income does not exceed 350% of the federal poverty level.
Will I have to pay my insurance company back after I receive my settlement?
Due to subrogation, insurance companies can recover money paid to you for an injury from the party liable. If you receive a settlement after using insurance to cover the medical bills, your insurance company can recover the money from your settlement.
Contact Us
If you or a loved one would like to learn more about who pays for medical bills after a car accident in California, get your free consultation with one of our personal injury attorneys in California today!