Who Will Pay My Medical Bills After an Accident?

Being injured in an accident entails many hurdles and legal issues, including questions regarding liability and uncertainty about the payment of medical bills. According to the Insurance Institute for Highway Safety (IIHS), accidents in Kansas and Missouri account for nearly 1,300 combined traffic fatalities per year.

Medical bills are usually the primary cause of concern for accident victims, especially if their injury prevents them from working. However, there may be options for getting your medical bills covered after an accident to ensure that you receive the medical care you need without any interruptions.

At Biesterveld & Crook, LLC, we represent accident victims in Overland Park, Kansas, as well as Jackson County, Missouri, and surrounding areas in both states. We are dedicated to helping accident victims fight for the compensation they need and seek reimbursement for their medical bills and vehicle damage.

Liability in Missouri Car Accidents

Many states, including Missouri, follow a fault-based system. This means that injured victims can pursue compensation for their medical bills through the at-fault party’s insurance company. However, if the injured victim was partially at fault for the accident, the compensation will be reduced in proportion to their degree of fault.

Missouri is also a pure comparative negligence state, which means accident victims are entitled to compensation for their medical bills and other expenses and losses even if they were mostly at fault for the accident.

In Missouri, if you were injured in an accident that was not your fault, there are three options for seeking compensation:

1. Filing a claim with your own insurance company

2. Filing a claim against the at-fault party’s insurance company

3. Filing a lawsuit against the at-fault party to obtain compensation for your losses and damage

If you were involved in an accident, you need legal counsel to help you determine liability and explore your options for seeking compensation.

Kansas is a “No-Fault” Insurance State

Kansas PIP can help pay covered medical bills and certain other injury-related losses regardless of fault. The applicable coverage depends on Kansas law and the policies involved; it is not always your own policy.

If PIP may cover your injuries, promptly notify the applicable insurer and provide the required information about the loss. A lawyer can help identify the policy and review coverage questions.

A claim against an at-fault driver may also be available. A medical-expense claim is different from a claim for pain, suffering and other nonfinancial losses, which has additional requirements under K.S.A. 40-3117. A lawyer can review those issues with you.

What to Do When You Receive a Medical Bill

When you get injured, you may face the financial burden associated with paying your medical bills. Many accident victims pay for their medical treatment out of pocket and then later obtain reimbursement from the insurance company.

Keep copies of your bills, payment records and insurance explanations. If you have questions about a bill, ask the provider what has been submitted to insurance and what remains unpaid. Tell your lawyer about any unpaid bills or collection notices.

PIP has coverage limits. If bills exceed those limits, health insurance or other applicable coverage may help, subject to its terms. A lawyer can review possible sources of payment and any claim against another driver. Payment timing depends on the coverage and the claim.

What Happens if You Don’t Have Insurance?

Kansas law can limit recovery of pain, suffering and other nonfinancial losses for a person who was required to maintain PIP coverage but was operating an uninsured automobile without it. K.S.A. 40-3130 includes exceptions involving lack of knowledge and a qualifying short lapse in coverage. The person’s insurance history and what they knew can matter.

Do not assume that being uninsured eliminates every claim or that every uninsured driver is barred from recovering nonfinancial losses. Available coverage and any recovery still depend on the facts and applicable law. Missouri claims need a separate review under Missouri law.

Experienced Car Accident Attorneys Serving Missouri & Kansas

After an accident, you can pursue a settlement out of court or take your case to trial to pursue compensation for your medical bills. Your best option is to get legal counsel from a skilled personal injury attorney to protect your rights and ensure that you get the compensation you need. At Biesterveld & Crook, LLC, we assist accident victims in Overland Park, Kansas, and Jackson County, Missouri, as well as surrounding areas. Reach out to us today to schedule a case review.