motorcycle accidents injuries

Will My Health Insurance Cover Me in a Motorcycle Accident?

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By Yosi Yahoudai
Founder and Managing Partner

One of the problems many motorcyclists face after an accident is how to pay for medical bills and expenses. A motorcycle accident can result in severe injuries to the rider. The financial burden can be difficult. Motorcycle accident claims can take many months to settle. An experienced California motorcycle accident attorney can work to settle the claim, but it does take time. Until then, will health insurance cover the medical expenses from a motorcycle accident?

Using Health Insurance to Pay Medical Bills from a Motorcycle Accident

Health insurance pays medical expenses from a motorcycle accident, according to the terms of the health insurance plan. Therefore, if you have a deductible, the deductible applies. If your health insurance plan requires you to seek treatment from specific providers, that would still apply to your medical treatment for motorcycle injuries. 

However, your health insurance provider has a lien on any proceeds you receive for a motorcycle accident claim. The lien, called a subrogation claim, gives the health insurance company the right to receive reimbursement for any bills it paid related to the accident when you receive a settlement for your motorcycle accident claim. 

In some cases, a health insurance company might be willing to accept a lower amount to settle its subrogation claim, especially if you will have very little money left over from the settlement if the subrogation claim was paid in full. 

What If I Don’t Have Health Insurance to Pay Medical Bills After a Motorcycle Accident?

Some people do not have health insurance coverage. In that case, it may be difficult to receive treatment for motorcycle injuries. Hospitals are required to provide care in emergencies. However, what about follow-up care?

Your medical provider may require you to sign a medical lien stating that any outstanding bills will be paid from the settlement proceeds before you receive any funds. In some cases, a medical provider might require a letter from your personal injury attorney confirming your agreement. Your attorney will confirm the amount owed to medical providers before settlement. After settlement, your attorney sends payment to each medical provider before disbursing funds to you.

Why Does It Take So Long to Settlement a Motorcycle Accident Claim?

Several factors impact the timeline for the settlement of an injury claim. One of the factors that have a large impact on the timeline is your recovery period.

You do not want to settle an accident claim until your doctor states that you have completed treatment. MMI (maximum medical improvement) is the stage in your recovery at which further medical treatment is not likely to result in further improvement. For some accident victims, MMI means a full recovery. However, for other victims, MMI means they have suffered a permanent disability or impairment, and further treatment will not aid in further recovery.

You want to wait until you reach MMI so that you know the full extent of your motorcycle injuries. You might be entitled to additional compensation for future damages and permanent impairments. If you settle your claim too early, you might receive less than you deserve for your accident. Once the claim is settled, you cannot hold the company liable for additional damages, even if you discover additional injuries.

Contact a California Motorcycle Accident Attorney to Discuss Filing an Injury Claim

Motorcycle accident claims can be complex. The insurance company may deny liability for the accident. Contact us today for a free consultation with a California motorcycle accident attorney. Our California motorcycle accident attorneys understand how to handle these claims, including defending you against allegations of negligence and comparative fault.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.