Who Pays for Medical Bills After an Arizona Car Accident?

Driver on crutches looking at his damaged car from accident.

After you suffer an injury in an auto accident, you may wonder who will pay your medical bills. In Arizona, you typically file a claim through the liability auto insurance policy of the driver who caused the crash, or other responsible parties, even when a medical provider or your health insurance coverage initially covers all your medical expenses. So, in most cases, the at-fault driver’s auto insurance company ultimately will pay an injured party’s medical bills after a car accident. 

However, not every case is as simple as that. You may need to take extra steps to pursue the compensation you deserve.

To learn more about who pays for medical bills after a car accident and seek help with your car insurance claim or personal injury lawsuit after an Arizona motor vehicle accident, contact Mushkatel, Gobbato & Kile, P.L.L.C. An experienced personal injury lawyer will review your case, explain your options for seeking compensation, and answer any questions you have.

What Do I Do If I Have Bills Coming In Before the Other Driver’s Insurance Has Paid Me?

Suppose you have significant medical bills, but the at-fault driver’s insurance company has not compensated you. In that case, you should tell the medical providers and your health insurance provider about your car accident claim and consult an experienced car accident lawyer.

Hospitals and other healthcare providers often treat car accident victims. They understand how the insurance claims process works. Typically, once a provider knows your injuries came from a car crash, they will wait for payment for your accident-related medical treatment until after you receive a car accident settlement. The medical provider, or your health insurance provider, may place a medical lien on your car accident claim to seek reimbursement of the costs of your medical treatment.

What Is a Medical Lien?

A medical lien is a legal agreement between a medical provider and an insurance company. It grants the provider the right to be paid for services before you receive compensation for your accident claim. The medical provider and insurance company will negotiate the cost of your car accident injury treatment. Your personal injury settlement proceeds will pay your medical bills before you receive compensation.

With a medical lien, you don’t have to worry about paying medical bills. The auto insurance company will do it for you, or your lawyer will work with the medical care provider, car insurance company, and/or health insurance company to ensure your medical bills are paid.

What If My Medical Bills Exceed the Other Driver’s Insurance?

Typically, if your car accident medical bills exceed the other driver’s insurance policy limits, you will have the following main options for seeking additional compensation to help cover your medical costs:

  • First, you could identify other at-fault parties, such as other motorists, vehicle manufacturers, or even the government, from whom you could seek compensation.
  • Second, you could file an underinsured motorist claim with your auto insurance provider. Underinsured motorist (UM) coverage is an optional insurance policy add-on that you may have purchased.
  • Third, you could file a car accident lawsuit against the at-fault driver to seek compensation directly from their income and/or assets.

At Mushkatel, Gobbato & Kile, P.L.L.C., our Arizona car accident lawyers can assist you with all your options if the other driver’s policy limits do not fully cover your medical expenses and other losses.

What Happens If the Other Driver Did Not Have Insurance?

In Arizona, all drivers must have the following liability insurance coverage at a minimum:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $15,000 per accident for property damage.

However, despite this legal auto insurance requirement, and even though Arizona is an at-fault state, meaning the person responsible for causing the accident is liable for the damages, some drivers still don’t have insurance. Also, drivers may hail from states that don’t require liability coverage. If the driver who struck you doesn’t have insurance, or if you are the victim of a hit-and-run, you can file a claim against your uninsured motorist coverage policy.

While drivers aren’t required to have uninsured motorist coverage in Arizona, insurance providers must offer it. You should have it unless you waived your uninsured motorist coverage when purchasing your insurance.

How Could Damages Be Affected If I Am Partly to Blame for the Accident?

If you are partly to blame for the car accident that caused your injuries, Arizona’s pure comparative negligence law will apply. Under this law, the compensation a victim can receive through a personal injury lawsuit is reduced in proportion to their degree of fault. For example, if you are found to be 25 percent at fault, the other driver would only be liable for 75 percent of your compensable losses.

While this law applies specifically to personal injury lawsuits, auto insurance providers also use it when determining the value of the claims they settle. For instance, if the insurance company assumes a jury could find you 25 percent at fault, it may offer to settle your car accident claim for 75 percent of your losses.

A skilled car accident attorney from Mushkatel, Gobbato & Kile, P.L.L.C., can help you gather evidence to challenge arguments concerning your degree of fault and work hard to pursue maximum compensation for you, including compensation for your medical bills and future medical expenses.

What Steps Can I Take to Help Improve My Chances of Receiving Full Compensation for My Medical Bills?

After a car accident, you should take the following steps to improve your chances of receiving full compensation for your medical bills:

  • Report the accident to the police and have them file an accident report. You may need a copy of this report when filing your insurance claim.
  • Document everything about the incident and your injuries. This documentation includes taking accident scene photographs and keeping a journal detailing how your injuries impact your life.
  • Notify your insurance company of the accident. Even if you don’t believe you are at fault, you may need to file an uninsured or underinsured motorist claim.
  • Avoid providing a recorded statement to insurance adjusters. Their job is to get you to say something they can use to deny or reduce the value of your claim.
  • Contact a lawyer. An experienced personal injury attorney will know how to handle your car accident case while you focus on your recovery.

Contact an Arizona Car Accident Lawyer

If you were injured in an Arizona car accident, contact Mushkatel, Gobbato & Kile, P.L.L.C., for a consultation with a skilled car accident lawyer. We are a full-service law firm with over 50 years of combined legal experience, offering clients the personalized service of a small firm and the resources of an extensive practice. Check out our client testimonials to learn more about what it’s like working with us, and reach us today to discuss your case.

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About the Author

Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.