Brad Pistotnik Law
Abogado El Toro

How do I pay for medical treatment after I have a car accident?

How do I pay for medical treatment after I have a car accident? One of the most common questions of personal injury car accident victims after a car accident is how in the world am I going to pay for my medical expenses at the hospital? Most people do not understand that K.S.A. 40-3113a et. seq. provides the personal injury protection (PIP) benefits statute which allows passengers and drivers that are injured in a car accident to obtain medical benefits from their own car insurance. Every person has a minimum of $4500.00 in medical coverage and your agent may have purchased more for you.

When you have a car accident in Wichita, Kansas or in Western Kansas and Dodge City, Garden City or Liberal, it is imperative that you go to the hospital immediately and give the hospital information about your PIP benefits. These PIP benefits allow you to get automatic treatment regardless of who is at fault. Hospitals, health care providers and doctors like Via Christi St. Francis, Wesley Medical Center, St. Catherine’s Hospital, Western Plains Regional Medical Center and Hays Medical Center must first use your car insurance benefits before they go to health insurance. All other insurance is considered secondary. This means that if you have PIP the hospital and their doctors must use this as the first level of health insurance.

Normally, they are paid back by the at-fault insurance carrier. This insurance is repaid in certain circumstances when it is not duplicative. The issue of whether or not medical PIP is duplicative is a difficult question that sometimes takes lawyers to understand. Kansas law provides that PIP benefits are reimbursable to the insurance carrier that pays them in certain circumstances. The issue of duplicative PIP benefits is one which is based on a case-by-case factual analysis. Generally, if your damages are higher than your PIP benefits plus all of the defendant’s bodily injury limits of coverage, you are not required to pay back PIP benefits. Some insurance carriers will argue that the amount of your total bodily injury damages does not exceed the total insurance carrier limits plus PIP and refuse to waive PIP subrogation.

Another important aspect of getting your medical bills paid for in a car accident is the fact that your health insurance is considered secondary. Because it is considered secondary, many health insurance companies may refuse to pay for your medical bills related to a motor vehicle accident until you’ve proven to them that all of your PIP benefits have been exhausted. It takes a lawyer in many circumstances to help get insurance carriers like Blue Cross, Coventry, United Health Care and other health insurance carriers to even consider paying for your medical bills. The same is true for Medicare benefits. This causes many doctors, clinics and hospital in Kansas to refuse to treat patients out of fear that they will not be paid. Good doctors and hospitals do not have this fear of car insurance issues.

What should you do after a car, truck or motorcycle accident? Call Brad Pistotnik Law at 316-684-4400 or call toll free at 800-241-BRAD or call Brad on his cell at 316-706-5020 to Know Your Rights! We offer a free consultation and will come to you. Never talk to the insurance adjuster without a lawyer or you could lose your case. We are located at 10111 E. 21st Street North, Suite 204, Wichita, Kansas 67206.

Kansas Accident Attorney Personal Injury Lawyer