Can an Accident Claim Pay My Medical Bills? An Answer for South Dakota Residents

Short answer: If someone else caused your accident, you can generally seek compensation that includes past and reasonable future medical expenses. If you cannot pay bills now, your health insurer, hospital, or a government program (like Medicaid) may seek reimbursement from any settlement or judgment. Act quickly—South Dakota has time limits for filing claims.

Detailed answer

1. What types of medical costs can a claim cover?

A successful claim for personal injury in South Dakota generally seeks to recover economic damages tied to your medical care. Those can include:

• Emergency care, hospital bills, surgeries, and doctor visits
• Diagnostic testing (X-rays, MRIs, lab work)
• Prescription medications and medical equipment (crutches, braces)
• Rehabilitation and physical therapy
• Reasonable future medical care related to the injury

To recover these costs you must document them: medical records, itemized bills, and provider notes linking treatment to the accident.

2. If I can’t pay my medical bills now, will the claim cover them later?

Yes. Even if you cannot pay current bills, a settlement or court award can include reimbursement for past unpaid medical expenses and for reasonable anticipated future care. Until you get a settlement, medical providers or collection agencies may try to collect. If you were injured by someone else, you can pursue a claim (against the at-fault driver, property owner, manufacturer, etc.) to recover those costs.

3. Who gets paid from the settlement?

Several parties may claim a share of your recovery:

• Your medical providers: Hospitals, doctors, and clinics may have placed liens or may seek payment directly from you. Some providers will accept a reduced payment from settlement proceeds.
• Your health insurer: If an insurer paid for care, it may assert a right to be reimbursed (subrogation) from your settlement.
• Medicare and Medicaid: Government health programs often have legal rights to be reimbursed from personal injury recoveries. That means a portion of your settlement may need to pay those programs back.
• Your attorney: Contingent-fee attorneys are typically paid from the settlement before you receive net proceeds.
• Liens and other creditors: Any valid liens or court-ordered obligations tied to the injury may be paid from recovery.

4. Special notes about Medicaid and Medicare

If you received Medicaid or Medicare benefits for treatment, federal and state rules often require reimbursement from any third-party recovery. That reimbursement can significantly reduce the amount you receive. Settlement negotiations normally must account for these subrogation claims so you don’t receive unexpected demands later.

5. What if the insurer denies fault or offers a low settlement?

The insurer for the at-fault party may deny liability or offer less than the full value of your medical bills. You can:

• Gather more medical documentation and bills to prove your losses.
• Consider negotiating with providers to reduce outstanding balances or delay collections while you pursue a claim.
• Discuss settlement strategy with an attorney to determine whether to accept an offer or file a lawsuit.

6. Time limits you must meet

South Dakota limits how long you have to file a personal-injury lawsuit. If you wait too long, you may lose your right to recover. For personal injury claims, South Dakota law generally requires filing within the statutory limitation period; see the South Dakota Codified Laws for details: SDCL § 15-2-14 (statute of limitations for personal actions). Missing that deadline usually prevents a court from hearing your case.

7. Practical steps if you can’t afford medical bills now

1. Keep thorough records: dates of treatment, provider names, bills, and medical reports tying treatment to the accident.
2. Tell your health insurer you have an accident-related claim—don’t assume they won’t have subrogation rights.
3. Ask providers about hardship plans, deferred payment, or reduced balances while you pursue third-party recovery.
4. Preserve evidence: photos of the accident, police reports, and witness contact information help prove fault and value of your claim.
5. Contact a personal-injury attorney early. Many work on contingency: they advance costs and are paid a percentage only if you recover. An attorney can handle liens and negotiate with insurers and providers.

Helpful Hints

• File complaints and claims promptly—don’t wait for your bills to pile up.
• Keep all medical bills and receipts organized in one folder or digital file.
• Ask your medical providers if they will place a lien on any settlement rather than sending you to collections immediately.
• Notify Medicare or Medicaid if you have claims—failure to account for their repayment rights can reduce your net recovery.
• Talk with a lawyer about how liens, subrogation, attorney fees, and costs will affect your net settlement.

Disclaimer: This article explains general principles under South Dakota law and is for educational purposes only. It is not legal advice. Laws change and facts matter. For advice specific to your situation, consult a licensed South Dakota attorney.