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When an accident occurs, a person must be treated for his or her injuries and they will incur medical bills. If their intent is to pursue a claim against a third party for negligence, that claim might not be resolved for a significant period of time. In the meantime, those medical bills are going to be accumulating and have those outstanding balances, which can potentially harm a person’s credit.

Without health insurance, they would have to either rely on their own financial situation or possibly government assistance if they qualify for it. Long term, they would have to wait until their negligent claim is resolved successfully.

Therefore, the main benefit of having health insurance in a Winston-Salem bicycle accident situation is that it provides a means to pay for necessary medical treatments and would eliminate the worry about having outstanding bills.

Coverage Role in Limiting Recovery

A person’s health insurance coverage can limit the recovery for a bicycle accident by virtue of a new law that was enacted in October of 2011. Under the new law, a person can only claim as evidence of their past medical expenses, the amount necessary to pay the bill.

Consider the example of someone who was injured, went to the emergency room and incurred a $1,000 medical bill, but they submitted the bill to their health insurance and the health insurance paid $600 and the remaining $400 was written off. In the subsequent negligence claim, they can only claim as evidence of their past medical expenses the amount the health insurance paid to satisfy the bill.

Potential Need for Reimbursement

A person’s health insurance company can require that they be reimbursed from medical expenses they paid from a settlement if it is the type of a health plan established under certain laws such as ERISA (an acronym for a federal law) or if using a health plan like the North Carolina State health plan or Medicaid or Medicare. Only certain types of health insurance plans are allowed to seek reimbursement from a settlement.

That being said, if a person is paying the premium for their health insurance policy, typically that plan would not be eligible for reimbursement from a settlement.

However, in cases where it does apply, when it comes to the settlement agreement, insurance companies typically ask for the full amount of what they paid out due to the negligence of a third party.

What to Do in Case of an Accident

Following a bicycle accident, there are a number of things a person ought to do, including get medical treatment, contact an attorney immediately, and contact the local authorities so that there can be a written record of the incident. In addition, and specifically with regard to the medical treatment, they should ask and direct their medical providers to file with their health insurance.

How An Attorney Can Help

When it comes to handling health insurance in a Winston-Salem bicycle accident, an experienced lawyer can be an invaluable asset to the client. Being involved in an accident can be a traumatic experience, and the work and recovery that take place afterwards can be daunting. An attorney can take over any communication between the health insurance company and the injured patient, releasing the client of that burden as they take care of themselves in order to reach optimum health.