Do I Still Have a Personal Injury Claim If My Health Insurance Paid My Medical Bills?

Our David W. Martin Accident and Injury Lawyers in South Carolina know that medical bills can begin mounting quickly after a personal injury accident — like a car crash or slip and fall — occurs. Fortunately, for those who have it, two types of insurance can help soften the financial impact of the initial medical expenses.

For instance, although it is not required, all automobile insurance policies sold in South Carolina offer residents a form of coverage known as medical payment coverage or MedPay.

MedPay, when purchased as part of your vehicle’s insurance policy, provides up to $1,000 in out-of-pocket medical expenses coverage incurred because of a car accident, whether you or another driver were at fault.

Once MedPay coverage runs out — or if you were injured in an incident other than a vehicle collision — your health insurance will be next in line to pay your medical bills.

The critical thing to note is that even if you have both coverages and they have significantly decreased your out-of-pocket medical care costs, you may still have a personal injury claim that will allow you to pursue the liable driver for your complete expenses, including property damage, lost wages, and other economic and non-economic expenses.

Here is what South Carolina injury victims need to know about their legal rights to file a personal injury claim.

Personal Injury Claim

What Type of Damages Can I Pursue After Suffering a Personal Injury in South Carolina?

Generally, personal injury victims can recover compensation for damages that include:

  • Medical expenses, including all home or facility healthcare needs.
  • Lost wages.
  • Loss of earning capacity.
  • Property damage.
  • Scarring and disfigurement.
  • Pain and suffering, including mental anguish and emotional distress.

Another consideration is that when your health insurance pays your medical bills, there is generally a co-pay or a deductible, a minimum amount of expenses you must cover before the insurance kicks in. We will include these expenses in your claim, so you are not left paying for any of your injuries out of pocket.

Another consideration is that you may need to reimburse your health insurance company if it places a subrogation lien on your personal injury recovery amount for any pending claims. We can help you understand this process, how we fight to negotiate a reduced amount of insurance recovered, and how it may impact your settlement if applicable to your outcome.

If you have been hurt because of another person, party, or entity’s negligence in South Carolina, contact our skilled personal injury lawyers today to learn what your claim is really worth.

Ultimately, the insurance company for the liable party will be responsible for payment of the overall expenses you incur, whether your medical bills were paid or not. We will help ensure this is true by pursuing the at-fault party’s coverage for your full financial recovery.

Contact Our David W. Martin Accident & Injury Lawyers Today

If you have been injured by the negligent actions or inaction of another in South Carolina, contact our David W. Martin Accident & Injury Lawyers today by calling 803-258-6199 to learn more about your legal rights and options to hold the negligent party — or combination of parties — liable for your complete recovery needs.

We provide free consultations for all personal injury cases in South Carolina and never charge any legal fees unless we deliver a positive outcome for your unique case.

David W. Martin Accident and Injury Lawyers is the personal injury division of David W. Martin Law Group, LLC. David W. Martin Law Group, LLC. is responsible for all content, links, and blogs contained within this website.


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