I Was Just Injured in a Car Accident: Should I Use My Health or Auto Insurance To Pay My Medical Bills?~2 min read

We never want to be in a situation where we get into an accident with another vehicle, but unfortunately accidents happen. If you are injured, the question will come up at your doctor’s office whether to bill your health insurance or auto insurance. At PMM Law, we handle injuries in New Hampshire and Massachusetts. Likewise, the answer depends on many factors, including what state you live in, what your health insurance plan requires, and other factors.

In New Hampshire, the “no fault” coverage for medical expenses is called “medical payment coverage” or “MedPay” for short. Importantly, these benefits are non-subrogable (i.e. do not have to be repaid) under RSA 264:17. This means that any payments made by your auto insurer under the MedPay portion of the policy does not need to be paid back if you get a settlement at the end of your case. In comparison, all health insurance policies (whether private or public like Medicare) require you to reimburse the policy if you receive a settlement.  Additionally, under the Travco v. Langevin case, you can use remaining medical payment coverage to pay off a health insurance reimbursement claim. So, if you are able to use your medical payment coverage correctly, you can save lots of money at the end of your case. The experienced attorneys at PMM Law understand these rules and can help you make the right decision.

Unlike in NH, Massachusetts has a different no fault medical coverage called Personal Injury Protection benefits, or “PIP” for short. PIP is governed by MGL Ch. 90, Sec. 34M. Essentially, the first $2,000 in medical bills must be paid by the PIP coverage in your auto policy. After that, the health insurer pays the remainder of your medical bills in the first instance. PIP can be used to pay co-pays, deductible and uncovered expenses. However, unlike MedPay in NH, PIP can be used for lost wages as well. Additionally, there are complicated rules once a settlement is obtained including things like a “PIP offset” where the liable insurer for your injuries can offset, or reduce, the claim by how much PIP has paid. These rules are quite complicated, and you should seek out the experienced attorneys at PMM law to help guide you through these processes.

No fault auto insurance medical benefits are a great thing that can help people pay for medical treatment as they recover. However, the rules are complicated, and it is always a good idea to obtain legal advice to make sure you can maximize the benefits of your insurance policy.

If you are injured and need help navigating those difficult waters, contact the experienced and highly regarded attorneys at PMM Law today.

We have 2 locations to serve you:

25 Nashua Rd., Suite C5, Londonderry, NH 03053. The phone number is 603-434-6331.

137 Main St., P.O. Box 669, N. Woodstock, NH 03262. The phone number is 603-745-8600.