How do I pay for my medical treatment if I am hurt in a NC car accident?
In general, you should not let the fact that you were injured by someone else’s carelessness affect how you pay your medical expenses or what treatment you receive after a NC car accident. If you have health insurance have your doctor submit the bills for your medical treatment to your health insurer. Remember that your health insurance insures you and that you pay the premiums and you should get the benefit of that coverage no matter how you were injured. By billing your health insurance you get the treatment you need, when you need it, from a doctor you choose.
Health insurance policies issues in North Carolina are prohibited from denying treatment just because it relates to an automobile accident. They are also prohibited from seeking a refund for payments they make for injuries that arise out of a NC car accident. There are a few important distinctions however.
Certain self-funded health plans that qualify under federal ERISA laws may be entitled to recover money they pay for medical treatment that is later recovered by the injured party from an at-fault third party. Also, government funded plans including Medicare, Medicaid, and the State Health Plan (which covers state employees in North Carolina) are generally entitled to reimbursement for amounts paid that are later recovered from an at-fault third party.
The laws determining whether and to what extent these health plans can recover or “subrogate” their payments are complex. Properly determining reimbursement amounts, if any, can be critical to a fair recovery in a NC car accident claim. In each case there are limits to what the plan can recover. If you are injured in an automobile accident in NC and you think you may have to reimburse a health plan you should contact a NC car accident attorney.
Even if you have to reimburse your health plan for some of the benefits it pays you should still file all of your bills related to a NC car accident with the plan. The reason is that way you get to take advantage of the health plan’s discount with the health provider. For example, the provider may have agreed to accept a 40% discount for x-rays. And you get the benefit of that discount when you pay your provider back.
For more information about nc car accident law contact Cary Attorney Kevin Bunn.