Who Pays for Your Medical Expenses and How to Protect Your Right to Full Compensation

Car accidents often leave victims with expensive medical bills, and knowing who pays for these costs can be confusing. Mississippi follows an at-fault insurance system, meaning the driver responsible for the accident is legally required to cover the damages. However, getting the at-fault driver’s insurance to pay is not always immediate, and victims often need to explore other options while their claim is being processed.

Several methods are available to handle medical expenses, including health insurance, medical liens, MedPay coverage, and settlements. Understanding how these options work can help ensure that victims receive the care they need without jeopardizing their financial future.

Who Pays for Medical Bills After a Car Accident in Mississippi?

The payment process depends on several factors, including who was at fault, the types of insurance coverage involved, and whether the victim pursues legal action. The main options for covering medical expenses include:

1. The At-Fault Driver’s Insurance

Mississippi law requires all drivers to carry liability insurance with minimum coverage of:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage

If another driver caused the accident, their insurance should cover medical expenses up to the policy limits. However, insurance companies often delay or deny claims, requiring victims to find alternative ways to cover medical costs while their case is being resolved.

2. Medical Payments Coverage (MedPay)

MedPay is optional coverage that helps pay medical bills, regardless of who was at fault. This coverage can be used immediately for expenses such as:

• Emergency room visits
• Hospital stays
• Ambulance fees
• Doctor’s appointments
• Physical therapy

MedPay coverage is typically available in amounts ranging from $1,000 to $10,000. While this can provide immediate relief, it may not be enough to cover serious injuries.

3. Health Insurance

Many accident victims use their personal health insurance to cover medical expenses while waiting for a settlement. Health insurance can help pay for:

• Surgery
• Rehabilitation
• Prescription medications
• Ongoing treatment

However, if a settlement is later reached, the health insurance provider may demand reimbursement for the costs it covered. This is known as subrogation, and failing to account for it can result in unexpected financial obligations.

4. Medical Liens

Some healthcare providers agree to treat accident victims on a medical lien, which means they provide care upfront in exchange for repayment from the final settlement. This arrangement allows victims to receive treatment without immediate out-of-pocket expenses, but providers often place liens directly on settlement funds, reducing the amount a victim receives.

5. Uninsured/Underinsured Motorist Coverage (UM/UIM)

If the at-fault driver lacks insurance or does not have enough to cover medical expenses, UM/UIM coverage can provide compensation. This coverage is not required in Mississippi, but drivers who carry it can use it to help pay medical bills when the responsible driver is uninsured or underinsured.

The Risks of Accepting a Quick Settlement

Insurance companies frequently offer quick settlements to accident victims, but these offers are often much lower than what is needed to cover all damages. Victims should be cautious for several reasons:

• Future Medical Costs May Not Be Accounted For – Some injuries require long-term treatment, surgeries, or physical therapy. Settling too early could leave a victim responsible for these future expenses.
• Lost Wages and Reduced Earning Capacity May Be Ignored – A settlement may only cover immediate lost wages, without factoring in ongoing income loss due to permanent injuries.
• Pain and Suffering Compensation May Be Undervalued – Insurance companies often exclude or downplay non-economic damages like emotional distress and chronic pain.
• Accepting a Settlement Means Giving Up the Right to More Compensation – Once a settlement is accepted, victims cannot seek additional compensation, even if new medical issues arise.

Mississippi’s statute of limitations for personal injury claims is three years, which allows time to assess injuries, gather medical records, and negotiate a fair settlement. Consulting with an attorney before accepting any offer ensures that all future medical needs and damages are considered.

Pursuing Legal Action to Recover Full Compensation

When insurance companies refuse to pay fair compensation, filing a lawsuit may be necessary. Legal action allows victims to seek damages for:

• Medical Expenses – Past, present, and future medical costs related to the accident.
• Lost Wages and Future Earnings – Compensation for missed work and any reduction in future earning capacity.
• Pain and Suffering – Damages for ongoing physical pain, emotional distress, and reduced quality of life.
• Property Damage – The cost of repairing or replacing a damaged vehicle.

While many cases settle before trial, insurance companies are more likely to offer a fair amount when they know legal action is an option.

If you have medical bills from a car accident in Mississippi, understanding your payment options is critical to protecting your financial future. The attorneys at Kellum Law Firm, P.C. can help ensure that your medical expenses are covered and fight for the full compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options today.

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Frequently Asked Questions

Who is responsible for paying medical bills after a car accident in Mississippi?
Mississippi follows an at-fault system, meaning the driver responsible for the accident is supposed to cover medical expenses. However, their insurance may not pay right away, so victims often use health insurance, MedPay, or medical liens in the meantime.

What if the at-fault driver’s insurance refuses to pay my medical bills?
If the insurance company denies or delays payment, legal action may be necessary. A personal injury claim can force the insurer to pay what is owed and may include additional compensation for pain and suffering.

Should I use my health insurance to pay medical bills after a car accident?
Using health insurance can help cover immediate expenses while waiting for a settlement. However, your insurer may require reimbursement from your settlement through subrogation.

What is MedPay, and how does it help with car accident medical bills?
MedPay is an optional coverage that pays medical expenses regardless of fault. It can help cover hospital visits, doctor appointments, and rehabilitation costs.

How do medical liens work in car accident cases?
Medical liens allow victims to receive treatment without upfront payment. The healthcare provider places a lien on the settlement, meaning they will be paid directly when the case is resolved.

Can I get compensation for future medical expenses?
Yes. If ongoing treatment is required, future medical costs should be included in any settlement or court award. This is why it is important not to accept a settlement before knowing the full extent of injuries.

What happens if the at-fault driver doesn’t have enough insurance to cover my medical bills?
If the responsible driver’s policy limits are too low, victims may file a claim under their uninsured/underinsured motorist coverage (UM/UIM) or pursue a lawsuit against the driver personally.

Is there a time limit for filing a car accident injury claim in Mississippi?
Yes, Mississippi law allows victims three years from the accident date to file a claim. Missing this deadline means losing the right to compensation.

Why should I avoid accepting the first settlement offer?
Initial offers from insurance companies are often low and may not account for future medical expenses or lost wages. Once accepted, a victim cannot ask for more money later.

How can an attorney help me get my medical bills paid?
An attorney can negotiate with insurers, challenge denied claims, arrange medical liens, and pursue legal action if necessary. This ensures that all medical costs are covered and that victims receive the compensation they deserve.