What Is My Legal Obligation To My Health Plan If It Is A Car Accident That Is Settled By A Law Suit?

What Is My Legal Obligation to My Health Plan If It Is a Car Accident? 

If you’ve been in a car accident, your first thought may be, “What is my legal obligation to my health plan?” You should be aware of time limits for suing the other party for damages, how to keep your medical records after the accident, and what your PIP and MedPay coverage will cover. The following information can help you navigate these issues.

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Reimbursement is a legal obligation to your health plan if it is a car accident 

If you are involved in a car accident and your health plan provides health insurance, you may be eligible to receive reimbursement for your medical costs. This will take place through a process called subrogation. This is a clause that many health insurance policies contain, which allows insurers to recoup their losses. In many cases, this can apply even if you do not file a liability claim. 

Time limits for suing the other party for damages 

There are specific time limits that apply to suing the other party for damages in c car accidents. In California, you may sue the other party for damages within two years of the accident, but you must file a lawsuit for property damage within three years. You cannot file a lawsuit if you were under the age of eighteen. However, if you are under 21 and were injured in a car accident, you can still file a lawsuit. 

Keeping medical records after a car accident 

After an auto accident, you might be asked to sign an authorization for your insurance company to obtain your medical records. If you do, you are giving the insurer access to all medical records, including non-accident-related records. In this way, the insurer can investigate your medical history and determine if you were seriously injured before the accident. Your records can also include statements you made to healthcare providers before the accident. 

Getting PIP or MedPay coverage 

If you get into a car accident and the other driver is at fault, you may be able to recover some of the costs associated with the accident. Typically, PIP and MedPay coverage will cover the costs of your medical bills. In some cases, this coverage may even pay your funeral expenses. However, these types of insurance come with limitations. If you exceed the coverage amount, you will have to pay the insurance company back. 

Limiting PIP coverage 

Limiting your PIP coverage in a car accident may seem counterintuitive. After all, the purpose of PIP is to cover the costs of medical care in case of an accident. However, PIP doesn’t cover pain and suffering, lost income, or lifestyle changes. These costs will need to be recovered in a separate lawsuit against the at-fault driver. 

Limiting MedPay coverage 

MedPay is a supplement to PIP coverage and can reduce out-of-pocket costs. It is required by law in Maine and New Hampshire and typically costs less than $10 a month. However, not everyone needs the extra money. 

What Is My Legal Obligation To My Health Plan If It Is A Car Accident That Is Settled By A Law Suit? | Montag Law Office