
That’s why it’s important to work with a personal injury attorney who can help you understand your options, discuss your concerns with medical care providers, and protect your credit as you move forward. Learn more about your personal injury claim options by calling Banks & Jones, Attorneys at Law today.
Why doesn’t the at-fault party pay right away?
The at-fault party doesn’t pay right away because until the case is resolved, the idea that they caused your injuries and are responsible for the bills is in dispute. Insurance companies require that accident victims prove the other party’s negligence.
Insurance companies also conduct their own investigations, largely with a goal of proving that their client isn’t at fault—so they’re definitely not going to assume liability and start paying right away. Their investigation may include:
- Investigating the accident and determining fault
- Reviewing medical records
- Evaluating whether treatment was related to the accident and if the accident victim complied with the treatment
- Determining if the treatment was necessary or unreasonable
- Considering the full value of the claim
Most personal injury cases never go to court. They are resolved in one final settlement that includes the victim’s medical expenses, lost wages, pain and suffering, and other expenses. Paying medical bills piece by piece would draw out this process and add extra administrative work if the insurance company ultimately determined that their client was not at fault.
How are medical bills paid during a pending claim?
But this still leaves you with unpaid medical bills, so who pays those? There are several ways that medical treatment may be covered while your personal injury claim is being handled:
- Health insurance: Many people start by giving care providers their own health insurance card. While health insurance will likely expect you to seek compensation from the at-fault party, they may pay claims as they come in. This does still leave you responsible for the co-pay and deductible, but at least it decreases what you’re responsible for upfront.
- Auto insurance MedPay: In Tennessee, you may have the chance to add optional MedPay coverage to your car insurance policy. This type of coverage may pay for your medical bills after a covered auto accident, regardless of fault. However, since this is optional, some drivers may choose not to carry it.
- Workers’ compensation: If the accident occurred at work, you may be entitled to workers’ compensation benefits. This may not be the ideal outcome, as workers’ comp generally covers medical care and partial wages. But it does provide medical coverage and some money coming in while you figure out whether you also have a third-party personal injury claim.
- Medical liens: Healthcare providers may also agree to treat patients under a medical lien. This may protect you from having to pay medical bills immediately, which is ideal if you’re out of work. However, care providers are then paid from the proceeds of your settlement, which may decrease what you receive.
What happens if you don’t have insurance?
Not having health insurance should not be a bar to treatment after a personal injury. If you have MedPay and it applies to your type of injury, you should look into the terms of your policy. You may also want to check out healthcare providers who are willing to work on a lien basis or reach out to the hospital’s financial office to learn more about possible assistance programs. Many healthcare providers may be willing to reduce your bill or discuss financial assistance if you do not have health insurance. It’s important to communicate your concerns with care providers early to avoid having your account sent to collections.
Do I have to reimburse insurance after a settlement?
In many cases, you do have to reimburse insurance after receiving a personal injury settlement. When health insurance covers accident-related costs, they often have the right to request reimbursement from your settlement via a process known as subrogation. Reimbursement amounts may be negotiable, so it’s important to discuss this with your attorney early on in the process.
What about deductibles and co-pays?
Yes, you can recover deductibles and co-pays, since out-of-pocket medical expenses are typically a significant part of personal injury settlements. If you pay co-pays, deductibles, coinsurance costs, and prescription costs, you can ask to include those expenses in your settlement. It’s important to keep organized records to prove how much you’ve spent.
Should I delay care until the case is settled?
No, and in fact, delaying care until your case is settled can significantly impact how much you receive. Unpaid medical bills don’t hurt your case, especially since they prove that you are seeking care and that you are injured. Gaps in treatment—or never seeking treatment at all—can affect your case and lead the insurance company to claim that your injuries are mild or falsified if you didn’t need to seek medical care.
Worried about your medical bills after an accident? Reach out to Banks & Jones, Attorneys at Law
At Banks & Jones, Attorneys at Law, we’re committed to helping accident victims hold negligent individuals and companies accountable. Let’s talk about your next steps and your concerns regarding accident-related expenses. Give us a call or contact us online today.

T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones
