Should You Demand That Your Health Insurance Company Pay Your Medical Bills?

​A frequent question that our clients ask us when they first hire us after their car wreck is whether they should demand that their own health insurance company pay their medical bills.  

​The answer to that question is always yes.  You should always make a claim against all insurance policies available to pay any portion of your medical bills.  Some of our clients object and say something to the effect of:  "Why should my insurance company pay for these medical bills, the wreck was not my fault, why shouldn't the other party pay these bills".  My response to that statement is that the other party will pay your medical bills however, you purchased this health insurance and you should get the benefit of the health insurance so you should always make a claim against your health insurance policy.

​The defendant does not get any benefit from your insurance.  That is, your claim against the negligent party who caused your personal injuries is not reduced by the amount of payment received from your health insurance company.  

​There is never a reason not to submit all of your medical bills to your health insurance company.  

​The same applies to any benefits you are entitled to receive from your medical payments coverage which is part of your liability insurance policy.  The law does not require us to have MedPay Insurance as part of our liability insurance policy.  However, most people have this coverage.  Under this MedPay coverage, your liability insurance company is obligated to pay the medical bills for everyone who was injured in your car.  This is true regardless of who was at fault in causing the collision.  As with hospital insurance, the defendant does not get the benefit of your MedPay Insurance.  Therefore, you should always make a claim on your MedPay Insurance policy if you have such a policy.  There is never a reason not to make such a claim.  

​It is possible for you to collect as much as three times for the same medical bill.  You can collect one time from your health insurance policy, and you can collect again from your MedPay Insurance policy and then you can collect the same bill a third time from the liability insurance company for the negligent party.  

​Some people argue that this is not fair, that the injured party should not be allowed to collect three times for the same medical expense.  However, it is entirely fair for the injured party to collect from these sources.  The injured party paid for the health insurance policy, the injured party paid for the MedPay policy and it wouldn't be grossly unfair to the injured party if they were not able to collect from the negligent party's liability insurance policy.  The negligent party should not be relieved of this responsibility to the injured party just because the injured party had the forethought and wisdom to buy health insurance and MedPay Insurance.
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