Who Pays My Medical Bills After A Car Accident?

Who pays my medical bills after a car accident in Connecticut?

Who pays my medical bills after a car accident?
Who pays my medical bills after a car accident?

Even with health insurance car accident victims find that themselves facing significant hospital and doctors bills –  deductibles, copays or even the full bill. The notices pile up.

The calls keep coming. They threaten to report you to credit bureaus. They may even sue you. You have suffered an injury and now you are suffering injustice.

I believe that knowledge is power. I was the victim of a car accident. I’ve been there. I hired a lawyer to help deal with the insurance companies. It made all of the difference. Now I’m in a place to help others.

Here are some common issues faced by victims of Connecticut car accidents:

Why should I have to pay the bills? The Connecticut car accident was not my fault?

Under Connecticut law it is the injured victim’s obligation to pay medical bills. It doesn’t matter who caused the wreck. If the other driver is at fault. You remedy is to seek reimbursement from the person who hit you.

Why does the at-fault driver’s insurance company not pay my bills?

Liability insurance companies will not pay “as you go” for medical treatment. Insurance adjusters will only reimburse for medical treatment after all treatment has ended. Unfortunately for those without health insurance or the ability to pay, this frequently means they will have to forego necessary medical treatment or borrow money to pay for it.

Will my doctor treat me if promise to pay after my settlement?

Some healthcare providers will not provide treatment under a promise to pay later. Others will agree to accept a letter of protection  from an attorney. A letter of protection is a contract from you and your Connecticut car accident lawyer agreeing to pay the doctor for medical fees out of any settlement or verdict.

Who pays my medical bills after a car accident? Will my auto insurance pay my medical bills?

Your car insurance company is not responsible for paying for medical bills stemming from a car accident. Some Connecticut insurance policies do have “medical payments” coverage or medpay. This is additional insurance that must be purchased prior to your accident. Med Pay will provide money for things like bills and co-pays.

What You Can Do

I can help you deal with these bill collectors. Some will agree to letters of protection. We can explore the option of a loan against a potential settlement from a third party lender.

The stress of these bills is overwhelming for an injured person. Many folks ignore them. It is important to keep the bills and send them to your lawyer. That way you can be assured they are paid in any settlement.

You may also be interested in knowing your Connecticut rental car rights after a car accident. You may also find my Connecticut Car accident law library of posts to be useful.

If you would like a free evaluation of your case contact CT Personal Injury Hall of Fame Finalist Attorney Ryan McKeen at 860 471 8333. I’m here to listen and help.

Loss of Consortium And Car Insurance

Can I recover for my loss of consortium claim?
Can I recover for my loss of consortium claim?

Can a spouse recover as an independent claim under an auto policy? This post discusses the relationship between loss of consortium and car insurance.

This question is a very important one. I see this issue arising more and more in my cases.  The reason has a lot to do with Connecticut’s irresponsibly low auto insurance coverage minimums which are as follows:

Here are the lowest CT Auto Insurance Policies:

1. $20,000 for injury to or death of a person,

2. $40,000 for injury to or death of more than one person in any accident, and

3. $10,000 for property damage (CGS §§ 38a-335 and 14-112(a)).

To put this in context, let me tell you a story. A woman is driving her car. She’s in her lane. Suddenly a man who is texting crosses the centerline and hits her head on. She is very injured. Has multiple fractures in her legs and face. And she requires emergency surgery.  And she spends weeks in the hospital. Then there’s home rehabilitation.

And as is far too common, the guy who chose to snapchatting his girlfriend over the safety of us all – has only a state minimum policy of 20/40. And he has no other assets to attach. No house. No money in the bank. Nothing.

As a result, her husband has to take FMLA leave to care for her. He spends countless hours taking her to doctor’s appointments and doing the household tasks she used to do.

What is Loss of Consortium?

He has a claim for loss of consortium.  Loss of consortium is a suit by a spouse for the loss of the affection, dependence and companionship that he has suffered through the loss of his spouse. Damages for loss of consortium include both past and future loss. “Consortium” includes affection, society, companionship and physical intimacies of the spousal relationship. You can read more about loss of consortium claims here.

A 20/40 policy means the insurance company is limited to only having to pay out $20,000 per person and $40,000 per wreck. For example, if there was a passenger in the woman’s car the total insurance company would have to pay out is $40,000 – $20,000 to the driver and $20,000 to the passenger

Can the husband recover even though he was not in the car but suffered a compensable loss as a direct result of the driver choosing to violate road safety rules?

Will Insurance Cover?

The answer is a very unsatisfactory “no”.

A plaintiff asserting a claim for a loss of consortium cannot-recover an independent “per person” recovery under an automobile insurance policy due. Connecticut courts hold that this is a derivative claim. If you like reading such things, the leading Connecticut case on this issue is Izzo v. Colonial Penn Ins Co., 203 Conn. 305 (1987).

Most of all, you’ll notice if you read the case is that the limits in 1983 were 20/40. In the face of massive medical inflation over the past 33 years these minimal limits remain in place. Its profits over people.

Therefore, the amount of coverage available to both the injured person and her spouse is $20,000.

Further, the insurance companies limit their liability in their auto policies. The standard clause in the policy defining the “per person” liability limit as applicable to all damages arising from that person’s bodily injuries, also precludes such recovery.

In conclusion, this is nothing more than profits over people.

Contact me if you have been injured in a car wreck and have questions about your rights. I am only licensed to in Connecticut. (860) 471-8333 or send me an email: ryan@cttrialfirm.com

Lowest CT Auto Insurance Policies

One of the worst conversations that I have with someone who has been severely injured is telling them the person who harmed them has a minimum policy.  I wish lawmakers had to tell folks with tens or hundreds of thousands of dollars that the most they’ll receive from the person who wronged them is $20,000. And all of that money will go to repay medical bills.

Here are the lowest CT Auto Insurance Policies:

1. $20,000 for injury to or death of a person,

2. $40,000 for injury to or death of more than one person in any accident, and

3. $10,000 for property damage (CGS §§ 38a-335 and 14-112(a)).

It’s just wrong. In today’s world a single ER trip can cost $20,000. The legislature should raise the minimum policy to at least $50,000/$100,000.

If you have been in a car wreck and have questions please do not hesitate to call Attorney Ryan McKeen (860) 471-8333.

Injured? 3 Insurance Company Dirty Tricks

When you are hurt by someone who violates safety rules – big money of insurance companies start acting against you immediately.

I was having lunch with a lawyer who had just wrapped up trial in a serious truck wreck case. A truck driver wasn’t following the safety rules of the road and caused a car wreck. Who does the company call to the scene? Their lawyer. 

If you have been injured here are 3 dirty tricks insurance companies may play:

  1. Getting You To Make A Statement To Them: You have the right to remain silent when the other party’s insurance company contacts you. Anything you say can and will be held against you.  When they call you and ask “how are you today” they are not asking because they care. The only thing insurance companies care about is their bottom lines. They are asking the question hoping you will be polite and say “fine” or “good”.  Then they hope to use that statement against you.
  2. Tricking You Into Signing A Medical Release: Insurance companies often demand all sorts of things they are not entitled to. Specifically they often request your medical records or a release to go fishing in your records. You do not have to give it to them. We only turn over your records when we’re ready – on our terms.
  3. Offering You Quick Money: Clients often come to me with insurance companies having offered them a tiny fraction of what their claim is worth. They may tell you not to go to an attorney because then you’ll get less. They don’t want you to have anyone on your side looking out for your interests.

If you are injured and have questions please do not hesitate to contact me (860) 471-8333 or ryan@cttrialfirm.com . We’re happy to turn the tables and stop their dirty tricks in their tracks.