Why
Do I Have To Use My Own Health Insurance?
When an accident is
caused by someone else, people who have been injured often wonder why it is
that they have to get their medical bills paid by their own health insurance
when the other person is to blame. Why,
they ask, shouldn’t the person who is at fault, or that person’s insurance, pay
for the medical bills? Good question.
The fact
of the matter is that under our legal system there is no obligation for anyone
to pay for someone else’s losses, including medical expenses, until there is
some formal determination of fault, such as a judgment in court, or a voluntary
agreement between the parties. For this
reason, even though it might be totally clear that the other party is liable,
except in rare instances, the insurance
company for the defendant will refuse to pay medical bills as they are
incurred.
This
means that in order to receive medical care and to pay these expenses as the
services are rendered, the doctors and hospitals will look to the health
insurance of the injured person. In the
long run, of course, the person at fault is responsible for these bills, but
this obligation will be satisfied as a part of the ultimate settlement of the
case where the injured party will be awarded a lump sum to cover pain and
suffering, loss of enjoyment of life and other expenses as well as medical
bills for treatment and care necessitated by the accident. Then, out of the lump sum settlement, the
injured party’s health insurance company will be reimbursed for the amounts it
has paid.
Thus the
party who caused the accident ends up paying for the medical expenses, but only
in the long run and in a round-about way.
If you
have questions about the process for pursuing a personal injury claim, you
should consider ordering our free book, Guide
for the Prospective Injury Client, which you can get by using the form at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm, or
give us a call at 1-800-999-LEGAL (5342).
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