The law provides various avenues for persons who are seriously injured in a car accident and have health insurance available to them. They may also make use of the insurance policy of the person who caused the incident. Under the law, both the injury victim’s health insurance and the negligent party’s insurance may be responsible for paying medical bills incurred following an accident.
In this type of situation, there are three possibilities that the law may allow. The possibility that applies depends on the circumstances of the case. On the one hand, the law could stipulate that, the presence of a health insurance policy notwithstanding, the health insurance provider does not have to pay the medical bills resulting from the accident. This rarely happens. The possibility that a judge will excuse a health insurer from paying anything is a common misconception that experienced auto accident lawyers help to address. The reality is that filing a claim with a health insurance provider is almost always the first line of defense. Even if the policy includes the right to partial or even full reimbursement, using health insurance will almost always eliminate delays and afford the best possible care of all. Therefore, the possibility that a health insurance provider will completely escape responsibility for payment and should not be notified is a slim one at best.
Another possibility is that a judge rules that the insurance policy of the person who caused the accident is not responsible and does not have to pay medical expenses if the person who is injured is covered by health insurance. However, this would reward the insurance company of the person who is at fault purely merely because the person who was hurt paid for health insurance in advance. The law does not usually afford any such benefit to the at-fault party or insurance company.
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