Do At-Fault Drivers Have to Pay for Medical Bills After a Car Accident in Houston?

Car accidents are unfortunately common in Houston, a bustling metropolis with busy roads and highways. If you've been injured in a car accident, one of the pressing questions is: "Does the at-fault driver have to pay for my medical bills?" I get this question all the time, and this problem is exacerbated by insurance companies and health care workers who pretend the at-fault carrier is going to start paying right away. Understanding how liability and compensation work in Texas can help you navigate this challenging time.

Texas Car Accident Liability Laws

Texas operates under a fault-based system for car accidents. This means the driver who is found to be at fault for the accident is responsible for compensating the injured parties for their damages, including medical bills. However, this compensation does not happen automatically or immediately. Many times, it's months or years down the road due to delays in paying by insurance companies.

Immediate Medical Bills After a Car Accident

After a car accident, medical bills can start piling up quickly. Emergency room visits, surgeries, follow-up appointments, physical therapy, and medications can be costly. Many people mistakenly believe the at-fault driver's insurance will directly cover these expenses as they arise. In reality, the process is more complex.

How Medical Bills Are Paid Initially

Immediately following an accident, your own health insurance or auto insurance’s medical payments coverage (MedPay) can be used to pay for your medical expenses. If you do not have health insurance or MedPay, you may need to pay out-of-pocket or seek treatment from providers who are willing to wait for payment until your claim is resolved. If you have PIP (Personal Injury Protection), that can help pay immediate medical bills too. Many times, my clients opt for seeing a Physician through a Letter of Protection, where the health care provider extends credit and provides health care to the patient, pending resolution of the insurance claim.

Seeking Compensation from the At-Fault Driver

To get the at-fault driver to pay for your medical bills, you typically need to file a claim with their insurance company. This process can take time, as the insurance company will investigate the accident to determine liability. If they accept liability, they may offer a settlement to cover your medical expenses and other damages. BEWARE though -- you should not give a recorded statement and you should not expect to be treated like the insurance companies depict how they treat people on the commercials you see on TV. Prepare to be treated like someone who is trying to steal the insurance company's Christmas turkey, because insurance companies to not like paying claims to anyone (especially if you are not their insured). Most of the time, my office is hired simply because of the run-around and mistreatment they have received at the hands of an insurance adjuster.

Settlement Negotiations and Legal Action

In many cases, insurance companies will not offer a fair settlement upfront. This is where a Houston-based personal injury attorney can be invaluable. An experienced attorney will negotiate with the insurance company on your behalf to seek a fair settlement. If negotiations fail, your attorney may file a lawsuit to pursue the compensation you deserve.

Timing of Medical Bill Payments

It’s important to note that even if the at-fault driver’s insurance company agrees to pay for your medical bills, they will typically do so in a lump-sum settlement after you have completed your medical treatment. This means you might have to handle your medical bills on your own or through your health insurance until the settlement is reached.

Why You Need a Personal Injury Attorney

Navigating the legal complexities of a car accident claim can be overwhelming, especially when dealing with injuries. A personal injury attorney who focuses on car accident litigation can help:

- Evaluate your claim: An attorney can assess the full extent of your damages, including medical bills, lost wages, and pain and suffering.

- Gather evidence: Building a strong case requires collecting evidence such as police reports, medical records, and witness statements.

- Negotiate with insurers: Insurance companies often aim to minimize payouts. An attorney can negotiate aggressively on your behalf.

- Litigate if necessary: If a fair settlement cannot be reached, an attorney takes your case to court.

Conclusion

In Houston, the at-fault driver is responsible for compensating the injured party for their medical bills and other damages. However, this process involves filing a claim, negotiations, and potentially legal action. If you've been injured in a car accident, consulting with a personal injury attorney can help ensure you receive the compensation you need to cover your medical expenses and other losses.

For expert legal assistance, contact a Houston-based personal injury attorney who focuses on car accident litigation. They can guide you through the process and fight for your rights every step of the way. Contact us today for any questions or more information.

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