What happens if medical bills exceed your PIP coverage in Utah? If your medical expenses exceed your PIP policy, you may be able to seek additional compensation through your health insurance, optional MedPay coverage, or through a lawsuit under certain conditions.
To understand what option may be applicable for your circumstances, consult a Salt Lake City car accident lawyer before moving forward.
Understanding PIP Coverage and Its Limitations
To understand your options if your medical expenses exceed your personal injury protection (PIP) coverage, it’s important to first understand its limitations. All drivers are required to have PIP insurance so they can file a claim with their own insurance without having to demonstrate the other party was at fault. This often allows car accident victims to recover their losses faster.
While you don’t have to establish the other driver’s negligence, PIP policies often provide limited coverage. Drivers must carry a minimum of $3,000 in PIP coverage. Some expenses PIP typically covers in Utah include medical expenses, lost wages, household services, and funeral costs. It does not cover losses related to property damage or pain and suffering.
Given the low PIP policy limit, it is not uncommon for medical expenses to be more than your policy’s coverage. Between emergency care and ongoing treatments and medical needs, you could still be left with a hefty medical bill even after your no-fault insurance pays for expenses. This is why you may have to turn to alternative sources for additional compensation to cover your medical care.
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Health Insurance Can Provide Additional Coverage for Medical Expenses
Your health insurance can provide additional financial support when your PIP coverage is not enough to cover your medical expenses. When your medical bills exceed PIP coverage, you can submit these expenses to your health insurance provider so they can cover all or part of them. This way, you can get help with your medical expenses and bill your health insurance like normal.
When your healthcare provider bills your insurance for treatments related to your accident, you may still be responsible for any co-pays required by your plan. Be sure to thoroughly and carefully document all of your medical treatments and bills, as well as any claims that you made with the insurance company. These records and expenses are important for ensuring you have evidence of all medical care activities.
It’s important to be aware that if you later receive compensation through a lawsuit settlement, you may have to repay your health insurance provider the portion of your medical expenses that they covered related to your accident. Health insurance companies can use medical liens to ensure they receive the amount they essentially advanced to you.
Optional MedPay Coverage Can Help Offset Medical Expenses
Insurance companies often offer Medical Payments (MedPay) as optional coverage for your auto policy to provide increased coverage for medical bills. If you have opted in to MedPay, then this resource may help you cover additional medical expenses. This can help further offset the care you need when you are facing serious and expensive injuries after a car accident.
One of the benefits of MedPay is that it can pick up where your PIP coverage in Utah left off. This type of coverage can help you pay for co-pays, deductibles, emergency care, diagnostic services, ongoing treatment and care, and other expenses, as applicable. However, because this coverage is optional, you will likely need to consider another option if it is not included in your existing policy.
Similar to health insurance, if you receive a settlement after receiving MedPay assistance, then you may also have to repay them from the settlement you receive. What you may be expected to repay may depend on the details of your coverage, so it’s important to talk with a lawyer to understand what to expect if you have also filed a lawsuit.
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File a Lawsuit to Recover Additional Losses If Applicable
In certain circumstances, you can file a lawsuit directly against the at-fault driver. According to Utah Code 31A-22-209, if your medical expenses exceed the $3,000 PIP limit or you suffered broken bones, loss of limb, permanent disability or disfigurement, or death, you can file a lawsuit against the driver who hurt you. Not only can this help cover your medical expenses, but it can also cover other losses.
A lawsuit against a driver allows you to recover greater compensation for your losses. A lawsuit settlement can cover your medical expenses, lost wages, property damage, pain and suffering, and funeral and burial expenses. It’s important to have a lawyer help you calculate your losses and account for future care costs and any medical coverage expenses that you’ve received that must be repaid.
Because a lawsuit is an at-fault claim, you must demonstrate duty of care in a Utah personal injury lawsuit. This means that you must show that a driver was supposed to keep you safe and failed to do so, causing the accident that resulted in your damages. Liability must be established before you can recover compensation. As such, this process may take longer to recover your losses.
Statute of Limitations on Lawsuits in Utah
If you are eligible to file a lawsuit and decide to pursue this option, it is important to be aware that there is a statute of limitations on these types of claims. According to Utah Code 78B-2-307, you must file a claim within four years of the accident or be barred from filing a lawsuit. Protect your options by consulting a lawyer as soon as possible.
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Siegfried & Jensen Help You Secure Additional Compensation for Your Medical Expenses
Siegfried & Jensen can help you determine the most effective way to recoup your excess medical bills after a car accident so you can secure the compensation you need.
Schedule a free consultation with our team today, and we can review your losses and situation and provide counsel tailored to your specific circumstances. With over 30 years of experience, we can help you find a solution and secure results.
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