What an accident attorney does with your health care costs
An accident attorney handles the paperwork and negotiation around your medical bills after a car crash—they don't provide the medical care itself. What they do is track every treatment you receive, make sure the other driver's insurance pays for it, and push back if the insurance company tries to deny or reduce what they owe. They also work to recover costs the insurance won't cover, like deductibles, co-pays, or treatment your policy excluded.
The core job is making sure you aren't left paying out of pocket for injuries caused by someone else's driving. This includes emergency room visits, hospital stays, physical therapy, imaging scans, specialist appointments, and ongoing treatment. An attorney also documents how your injuries affect your daily life, which can increase the amount the insurance company has to pay you overall.
Key Takeaways
- Accident attorneys track all your medical bills and coordinate with your health insurance to determine what the at-fault driver's insurance owes versus what your own policy covers.
- They negotiate directly with the other driver's insurance company to pay your medical expenses, which often means getting a higher payment than you would receive on your own.
- If you receive a settlement, your attorney uses part of it to pay back any health insurance company that covered your treatment under a legal right called subrogation.
- You should gather medical records, bills, and receipts before meeting with an attorney so they can see the full picture of your treatment and costs.
- Most accident attorneys work on contingency, meaning they take a percentage of your settlement instead of charging you an upfront fee.
How attorneys coordinate with your health insurance
When you're treated after a crash, your health insurance (or Medicaid, or Medicare) may pay the bills first. Your attorney's job is to figure out who ultimately owes what. The at-fault driver's liability insurance should cover your medical costs, but the timing and process vary depending on whether you file a claim with their insurer, your own insurer, or both.
Your attorney sends medical records and bills to the at-fault driver's insurance company as part of a demand letter. This letter explains the crash, your injuries, the treatment you received, and the total cost. The insurance company then decides whether to pay, negotiate, or deny. Your attorney handles all communication so you don't have to speak directly with the other side's insurer.
If your own health insurance paid for treatment, there's often a legal requirement called subrogation that lets your insurance company recover what they spent from the at-fault driver's insurance. Your attorney manages this process and makes sure your settlement accounts for what your insurer is owed. Without an attorney tracking this, you could end up paying twice—once through your insurance and again if you settle without accounting for subrogation.
What medical information your attorney needs from you
Bring your attorney copies of every medical bill, receipt, and explanation of benefits (EOB) from your health insurance. These documents show what treatment you received, when, and how much it cost. Your attorney uses these to build a complete picture of your injuries and expenses.
You should also provide the names and contact information for every doctor, hospital, urgent care center, or therapist you saw after the crash. Your attorney will request your full medical records from each provider—this includes doctor's notes, test results, imaging reports, and treatment plans. These records prove the connection between the crash and your injuries, which is essential if the insurance company disputes whether your treatment was necessary.
Keep a list of any out-of-pocket costs related to your injuries: prescription co-pays, medical equipment you bought, transportation to appointments, or time off work. Your attorney can sometimes recover these costs even if your insurance didn't cover them.
How settlement money covers medical bills
When you reach a settlement with the at-fault driver's insurance company, the money is meant to cover your medical expenses, lost wages, pain and suffering, and any ongoing care you'll need. Your attorney breaks down the settlement to show how much goes to each category. Medical bills typically come out first.
If your health insurance or Medicaid paid for your treatment, your attorney must set aside part of the settlement to repay them. This is the subrogation process. For example, if your insurance paid $15,000 in medical bills and you receive a $50,000 settlement, your attorney will send $15,000 (or sometimes less, depending on negotiation) back to your insurance company. The remaining money goes to you.
Your attorney also pays themselves from the settlement—usually 25 to 40 percent, depending on the contract you signed. This comes out before you receive your portion. A clear settlement breakdown should show you exactly what goes to medical bills, what goes to your insurance company, what goes to your attorney, and what you take home.
When the insurance company denies or limits medical coverage
Insurance companies sometimes claim that certain treatments weren't medically necessary, that they were too expensive, or that they're unrelated to the crash. Your attorney challenges these denials by gathering evidence: medical records showing why your doctor ordered the treatment, informed opinions if needed, and documentation that the treatment is standard care for your type of injury.
If the insurance company offers far less than your actual medical bills, your attorney negotiates. They may send additional medical records, letters from your doctors explaining the necessity of treatment, or evidence that similar cases resulted in higher payments. If negotiation fails, your attorney can recommend filing a lawsuit, though most cases settle before trial.
Some treatments—like experimental therapy or alternative medicine—may not be covered by the at-fault driver's insurance even if your own health insurance paid for them. Your attorney can advise whether it's worth fighting for these costs or whether to accept the insurance company's position and move forward with settlement.
What happens if you don't have health insurance
Without health insurance, you still receive medical care after a crash—emergency rooms must treat you regardless of ability to pay. However, you'll receive bills directly from hospitals and doctors instead of having insurance handle them. Your attorney's role becomes even more important because they negotiate with the at-fault driver's insurance to cover these bills in full.
Some hospitals and doctors will agree to wait for payment until your settlement is finalized, especially if your attorney notifies them that a claim is pending. Others may send bills to collections or sue you for payment. Your attorney can sometimes negotiate with medical providers to accept a reduced payment or to wait, which protects your credit while your case moves forward.
If you received emergency Medicaid coverage for the crash, Medicaid may have a right to recover what they spent from your settlement. Your attorney handles this the same way they handle subrogation with private insurance.
Questions to ask your attorney about medical bills
Before you hire an attorney, ask how they handle medical records—do they request them, or do you? Ask what percentage of the settlement they take and whether that percentage changes if the case goes to trial. Ask how they handle subrogation and whether they negotiate with your insurance company to reduce what you owe back.
Ask whether they've handled cases similar to yours and what the typical medical bill recovery looks like. Ask what happens if the at-fault driver's insurance limits are lower than your medical bills—can you pursue a claim against your own insurance, or against the driver personally? Ask for a written fee agreement that spells out all costs and percentages before you sign anything.
Frequently Asked Questions
Do I have to use my health insurance after a car crash?
No, you can choose to pay out of pocket or negotiate with the at-fault driver's insurance to pay directly. However, using your health insurance often gets you treated faster and protects you if the at-fault driver's insurance denies the claim. Your attorney can advise which route makes sense for your situation.
What if my medical bills are higher than the insurance settlement?
If your bills exceed what the at-fault driver's insurance will pay, your attorney may recommend filing a lawsuit to pursue the driver personally or exploring your own underinsured motorist coverage. Some medical providers will also negotiate reduced bills if you explain the settlement limits.
Can my attorney get my medical records without my permission?
No, you must sign a medical records release form authorizing your attorney to request records from doctors and hospitals. This is standard practice and protects your privacy. You control which records are released and to whom.
What if I'm still in treatment when we settle?
Your settlement should include an estimate of future medical costs based on your doctor's treatment plan. Your attorney works with your medical providers to project ongoing expenses and builds that into the settlement demand. If treatment costs more than estimated, you may have limited recourse after settlement.
Does my attorney charge me if the insurance company denies my claim?
Most accident attorneys work on contingency, meaning they only take a fee if you receive money—either through settlement or a court judgment. If your claim is denied and you don't pursue a lawsuit, you typically owe nothing. Confirm this in your fee agreement before hiring.