You were in a car accident in Pennsylvania. You went to the ER. Or, maybe your family doctor or a specialist. Now you are getting bills. Who should pay them?
For car accidents, Pennsylvania is a "no fault" state for medical. This means that even though it may be the other driver's fault, your medical bills first go through your own auto insurance company. Part of what you've been paying insurance premiums for all these years is for medical coverage. It comes with your policy. Pennsylvania law requires that you carry at least $5,000 in medical coverage (also called Personal Injury Protection or First-Party Benefits).
If your auto medical coverage with your insurance carrier runs out, or "exhausts", then you would put additional bills under your health insurance. Depending on the type of health insurance plan you have, your health insurer may have a right to be paid back from a settlement against the at-fault insurer. This is also called "subrogation". It is important that you consult with an experienced personal injury lawyer because this can become complicated and it is controlled by the Pennsylvania Motor Vehicle Financial Responsibility Law.
Any out of pocket medical bills would be part of your damages that you can collect against the at-fault driver's insurance carrier. But, you likely will not be able to recover those until the end of the case.
If you have any questions, feel free to contact us. We provide free consultations and case evaluations in personal injury cases. (610) 792-3304.
