What If My Medical Bills Are More Than My Settlement After a Car Accident?

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Receiving a car accident settlement that's less than your medical bills can be a frustrating and stressful experience.

You're not alone, and many people face this challenge.

In fact, according to the article, medical bills for car accident injuries can range from $10,000 to $100,000 or more.

This can be overwhelming, especially if you're already struggling to pay your bills.

Protecting Against Medical Bills

If you're facing a medical bill that's more than your settlement, you're not alone. Many people struggle with this issue.

If you're uninsured, you can file a dispute through the New York State independent dispute resolution (IDR) process. This process is available for emergency services in New York that you believe are excessive.

You'll need to pay the IDR fee, up to $395, if your provider's bill is upheld unless your household income is below 250% of the Federal Poverty Level.

Providers are required to make publicly available a one-page notice containing information on balance billing protections.

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This notice must include information on Federal and New York requirements and prohibitions relating to balance billing for emergency services and surprise bills.

The Department of Financial Services has a model disclosure form that providers can use to satisfy these disclosure requirements.

A lawyer can negotiate directly with healthcare providers and insurance companies to reduce your outstanding medical bills.

Disputing Medical Bills

Disputing Medical Bills is a crucial step in ensuring you don't get taken advantage of by medical providers. You have the right to dispute medical bills that seem unreasonable or incorrect.

To dispute a medical bill, you must first review it thoroughly, checking for errors in billing codes, duplication of charges, or inflation of services. This can help you identify any mistakes that can be used to negotiate a better settlement.

If you're uninsured or self-pay, your healthcare provider must give you a good faith estimate of their expected charges before you receive services. This estimate should include a description of the services, expected charges, and diagnosis and service codes.

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Here are some key factors to consider when disputing a medical bill:

  • Whether there is a gross disparity between the fee charged and fees paid to the provider for the same services in other health plans or to similarly qualified out-of-network providers.
  • The provider's training, education, experience, and usual charge for comparable services.
  • The circumstances and complexity of the case, patient characteristics, and usual and customary cost of the service.

If you're unable to resolve the dispute with your healthcare provider, you may be eligible for an independent dispute resolution (IDR) through New York State or the Federal patient-provider dispute resolution process.

Good Faith Estimates Dispute Resolution Process

If you receive a medical bill that's significantly higher than the good faith estimate provided by your healthcare provider, you may be able to dispute the charges through the Federal patient-provider dispute resolution process. This process is available starting in 2022 for billing disputes with the provider that scheduled the service for you.

To be eligible, you must ask for the review within 120 days of getting the bill. An independent reviewer will examine the good faith estimate, the bill, and information from the provider to determine the amount you must pay for each service.

The independent reviewer will consider factors such as the provider's usual charge for comparable services and the circumstances and complexity of the case. If the reviewer determines that the provider's fee is unreasonably high, they may direct a good faith negotiation for settlement.

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Here are the key steps to follow if you want to dispute a medical bill through the Federal patient-provider dispute resolution process:

If your provider doesn't give you a good faith estimate and you feel the charge is unreasonable, you may qualify for an independent dispute resolution (IDR) through New York State. To be eligible, services must be provided by a doctor at a hospital or ambulatory surgical center and you weren't given all the required information about your care.

Review All Thoroughly

When reviewing medical bills, it's essential to scrutinize the breakdown of charges. You may be surprised to find that the amounts on these bills are not always accurate or reasonable.

Healthcare providers can make mistakes when billing, such as using codes for similar but more expensive medical procedures than you received, a practice known as upcoding. This can inflate the cost of your medical bill.

You should also watch out for billing duplication, where you're charged more than once for the same procedure. This can happen even if you didn't receive the procedure twice.

Charging individually for procedures usually bundled together at a discounted price is another common mistake. This can add up quickly and increase the cost of your medical bill.

Here are some common billing errors to look out for:

  • Billing code mistakes
  • Billing duplication
  • Charging individually for bundled procedures

Unnecessary Care Received

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Reviewing your medical records and bills is crucial when disputing medical bills. This step helps you identify any unnecessary care you received.

You should note any treatments or procedures that didn't contribute to your healing and recovery. This includes services that were not medically necessary.

If you received unnecessary care, it's essential to document each item listed in your medical records and bills. This will help you make a strong case for disputing the medical bills.

For example, if you received a treatment or procedure that was not related to your auto accident injuries, you should note it. This could include services like unnecessary lab tests or procedures that were not medically necessary.

You should also review your bills for any charges that seem excessive or unrelated to your treatment.

Insurance Limits and Settlements

If your medical bills are more than your settlement, don't worry, there are options available to you. You can pursue a claim for financial losses if the insurance limit is not enough to cover the costs of your injuries, lost wages, and property damages.

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In some cases, you can sue for more than the policy limit, and the defendant is still legally liable for the full amount of your damages. You can seek compensation directly from them or from an umbrella insurance policy if they have one.

If the other driver was at fault in your accident and their auto insurance policy doesn’t have you covered, you will have to depend on your insurance limit. If the other driver was at fault and did not have insurance, you will also be dependent on your insurance limit (assuming you have uninsured motorist insurance).

You can seek additional compensation from other sources, including:

  • Uninsured/underinsured motorist coverage
  • Personal injury lawsuit
  • Exploring liability of other parties, such as employers, vehicle manufacturers, or government entities

Here are some ways to cover excess medical bills after a motor vehicle accident:

  • Uninsured/underinsured motorist coverage: This part of your policy covers the gap between what you suffered and what the other driver’s policy will pay.
  • Personal injury lawsuit: By filing suit against the party responsible for the car wreck, you may receive damages at trial that reflect the true extent of your losses.
  • Explore liability of other parties: Investigating whether outside parties bear any responsibility for the wreck may uncover additional sources of compensation for your medical expenses.

Negotiating After a Settlement

If your medical bills are more than your settlement, don't worry, you can still negotiate with your healthcare providers to reduce the amount you owe. Many doctors and healthcare providers will work with you if you can't pay all your bills at once.

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You can start by setting up a payment plan with your healthcare providers. Most providers offer payment plans to ease the financial burden of medical bills. This way, you can distribute the cost over time, making it more manageable without compromising your other financial obligations.

Charity care programs are also available to help patients with limited financial resources. These programs can significantly reduce or even eliminate your medical bills if you qualify. It's worth inquiring about these programs, as they can make a big difference in your financial situation.

Negotiating directly with healthcare providers can sometimes reduce medical bills. Providers may be willing to lower the cost if you demonstrate financial hardship or offer to pay a lump sum. Be sure to review your bills carefully to identify any double charges or errors that can be corrected to lower your bill.

Here are some potential options for working with providers to lower your medical bills:

  • Payment plans
  • Charity care programs
  • Bill reduction through negotiation

Remember, you can also seek compensation directly from the defendant's insurance policy, or your own uninsured and underinsured motorist policy, or your health insurance. If your medical bills still exceed the defendant's auto policy limits, you can negotiate to settle your medical bills from the funds that you receive from the defendant's insurance.

Financial Assistance and Help

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If negotiating with medical providers and seeking additional compensation doesn't work, you can pursue direct financial assistance from various sources.

Government programs, such as Medicaid and Medicare, offer coverage to eligible low-income individuals and families, and those over 65 and certain younger people with disabilities. Additional state-specific programs may provide further support.

You can also research and apply for these programs, which can provide substantial relief from medical bills. Nonprofit organizations may offer grants, negotiate bills on your behalf, or provide guidance on managing medical expenses. They often cater to specific diseases, conditions, or demographic groups.

Some examples of nonprofit organizations include those that focus on helping individuals with overwhelming medical debt. Legal aid societies and nonprofit legal organizations often provide free or low-cost legal services to people in financial need, offering valuable assistance if you're considering a personal injury lawsuit or need help negotiating with creditors.

Here are some potential options for financial assistance:

  • Government programs (Medicaid, Medicare, state-specific programs)
  • Nonprofit organizations (grants, bill negotiation, guidance on managing medical expenses)
  • Legal aid societies and nonprofit legal organizations (free or low-cost legal services)

Financial Assistance

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If negotiating with your medical providers and seeking additional compensation doesn’t work, you can pursue direct financial assistance from various sources.

Government programs, such as Medicaid, offer coverage to eligible low-income individuals and families, while Medicare benefits those over 65 and certain younger people with disabilities.

Additional state-specific programs may provide further support, so it's crucial to research and apply for these programs.

Nonprofit organizations, like those focused on helping individuals with overwhelming medical debt, may offer grants, negotiate bills on your behalf, or provide guidance on managing medical expenses.

Some nonprofit organizations cater to specific diseases, conditions, or demographic groups, so finding one that aligns with your situation could lead to valuable assistance in reducing your medical bills.

Legal aid societies and nonprofit legal organizations often provide free or low-cost legal services to people in financial need, which can be a great resource if you're considering a personal injury lawsuit or need help negotiating with creditors.

Here are some potential sources of financial assistance:

  • Government programs (e.g. Medicaid, Medicare)
  • Nonprofit organizations (e.g. grants, bill negotiation)
  • Legal aid societies (e.g. free or low-cost legal services)

Get Help from a Dallas Car Accident Lawyer

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If you're dealing with costly medical bills after a car crash, a Dallas car accident lawyer can help. Our experienced attorneys at Kraft & Associates can handle the details for you, evaluating your options and handling all the legal procedures so you can focus on healing and other matters.

You can feel overwhelmed and wish to get past the accident as quickly as possible, especially when it comes to dealing with insurance companies. However, never settle for less than what you deserve. A free consultation with a personal injury attorney can help.

A Tampa car accident lawyer can explore all possibilities to ensure you collect the funds you deserve, even if your medical bills exceed the defendant's auto policy. They can investigate what defendants to name in the lawsuit and research insurance policies from all sources that might apply.

A car accident lawyer can negotiate directly with healthcare providers and insurance companies on your behalf to reduce your outstanding medical bills. They can argue for reductions based on the total settlement amount, the nature of the injuries, or the likelihood of payment.

Here are some common ways a lawyer can reduce your medical bills:

  • Any billing errors
  • Overcharging
  • Discounts due to the bulk of the charges
  • Out-of-network charges

Call us today at (214) 999-9999 or complete our online contact form for a free consultation with a Dallas car accident lawyer.

Frequently Asked Questions

How much can lawyers negotiate medical bills?

Lawyers can often negotiate medical bill reductions of 25-40% in certain circumstances, such as limited insurance proceeds or high hospital liens. If you're facing high medical bills, a lawyer may be able to help you secure significant savings.

How do you negotiate a medical settlement?

To negotiate a medical settlement, start by researching the value of your claim, including medical bills, lost income, and subjective damages like pain and suffering. This groundwork will help you make a strong initial demand and negotiate a fair settlement.

Felicia Koss

Junior Writer

Felicia Koss is a rising star in the world of finance writing, with a keen eye for detail and a knack for breaking down complex topics into accessible, engaging pieces. Her articles have covered a range of topics, from retirement account loans to other financial matters that affect everyday people. With a focus on clarity and concision, Felicia's writing has helped readers make informed decisions about their financial futures.

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