Big Rig Truck Accidents in Waldorf, Maryland: Do I Still Have a Claim if My Health Insurance Has Paid My Medical Bills?
Yes. Indeed, you must make an insurance claim and/or file a Maryland auto accident lawsuit because you deserve FULL compensation for the injuries suffered, and health care insurance does NOT cover all of your claims and damages. For example, did your health care insurance reimburse you for lost wages or lost earnings if you missed work while recovering from your injuries? Did you receive compensation for your pain and suffering? Did you receive reimbursement for the costs of repairing your vehicle? As can be seen from just these three examples, even if your health care insurance covered your medical bills, you have NOT received full compensation for your injuries and for property damage that was caused by the wrongful conduct of the at-fault party. So, yes, you still have a claim and a right, under Maryland laws, to file a personal injury lawsuit.
If you have been injured in a Waldorf, MD, big rig or 18-wheeler truck accident, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are top-tier Maryland 18-wheeler truck accident attorneys with extensive experience in helping our clients receive the maximum compensation allowed by law.
What Happens if My Insurance Has Paid My Medical Bills?
From a practical standpoint, there is no particular impact on your claim or case if your medical bills have been paid by your health insurance company. The claim and case proceed against the at-fault party or parties, like against the driver of the 18-wheeler, the company that owns the truck, and any others who might have some fault for the accident. The medical bills, the ER charges, the ambulance charges, the medication costs, the costs for physical therapy, etc., are all included in the claim and the case. Added to those are other damages like the ones mentioned above — lost wages, pain and suffering, and the cost of repairing damages to your vehicle. Other categories of damages can also be included, like disfigurement, emotional injuries, loss of future earnings if there has been some sort of disability, etc. These will be calculated and estimated to form the basis of an insurance settlement offer or a judgment awarded after an auto accident personal injury trial.
Note that, by law, a jury will not be allowed to know that your health insurance company paid your medical bills. Legally, this is called the “collateral source” rule. The rationale behind the collateral source rule is that juries might reduce the injured victim’s award if they knew that certain medical bills had been paid by an insurance company. This would be unfair to the victim and to the victim’s insurance company. Plus, it would “reward” the wrongdoer because the judgment would be less just because the victim happened to have health insurance. So, the juries are not allowed to hear about payments made by health insurance companies (and others).
The main thing that happens is that your health insurance company will expect to be reimbursed for the costs that it has paid. This is normal, expected, and fair. This happens in most Maryland auto accident cases and is routinely handled. Your health insurance company will send a letter which is called a “medical lien” or an “insurance payment lien.” A “lien” is just an official claim that certain costs are to be paid from the settlement or from the judgment awarded by the jury before the money is disbursed to the injured victim.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
