Will I Have To Use My Own Health Insurance After An Auto Accident
After a car accident, the last thing anyone wants to worry about is who will pay their medical bills. Massachusetts is a “no-fault” state, which means that even though you are at fault for an accident, your medical bills will still be paid. Regardless of who is at fault, each driver’s auto insurance company will cover a portion of their medical bills.
Why are Car Accident insurance matters complicated?
No-fault car insurance is available in Massachusetts. Personal injury prevention insurance (PIP) is provided for all drivers, so almost every serious car accident case requires a PIP claim. However, no-fault insurance regulation and personal injury protection (PIP) insurance are also somewhat complicated. The collateral source law, for example, states that an at-fault driver’s compensation owing to an accident victim should be offset by the amount of PIP compensation the accident victim receives. If the case is not treated correctly, the amount of money you get from the at-fault driver and his or her insurance provider will be reduced.
Paying the medical bills
It’s generally your own car insurance provider, with your own health insurance company thrown in for good measure. Massachusetts is a “no-fault” car accident jurisdiction, which means that regardless of who caused the accident, each driver’s auto insurance provider will pay for their respective drivers’ medical bills.
According to Massachusetts law, the car insurance policy’s Personal Injury Protection (PIP) provision is responsible for paying your medical costs, missed earnings, and all associated expenses up to $8,000. If you have private health insurance and your medical expenses total more than $2,000, you must apply the excess to the health insurance carrier. If the health insurance company rejects the claim, PIP will cover the remaining costs up to a maximum of $8,000.
Since Massachusetts is a no-fault state, you can only claim financial compensation from the at-fault driver under limited situations, such as pain and suffering. Only if an injured party meets at least one of the following conditions will they file a complaint seeking damages for personal injuries and pain and suffering:
- Costs for the care of injuries due to the accident that exceed $2,000;
- A broken or fractured bone;
- Permanent or severe disfigurement;
- Amputation of a limb;
- Loss of sight or hearing; or
- Death
The distinction between PIP and Health Insurance Benefits
The primary distinction between PIP and health benefits is that PIP benefits are not repaid after your case. This is fantastic news for claimants! PIP benefits are not refunded, but health benefits are. Your health provider could have a contractual right (found in your health insurance policy) to recover a portion of your medical costs if they are covered by a third party. As a result, it’s important that you understand your rights and that your PIP claim is treated properly.
If you’ve been hurt in a car accident in Boston, contact Bellotti Law Group, P.C. right away. We will negotiate with the insurance provider on your behalf to ensure that you receive the best possible settlement. If your case has a legal basis, we will assist you in filing a claim and fighting for the maximum amount of money you are entitled to.
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