Detailed Answer

Short answer: If someone else’s negligence caused your injuries in Washington, your personal injury claim can seek payment of your reasonable and necessary medical bills (past and future). How much is actually paid out of a settlement or court award depends on proof of the bills, the responsible party’s insurance limits, any health-insurer or government repayment rights, and negotiations with medical providers.

How a claim can cover medical expenses

A personal injury claim generally seeks compensation for economic losses connected to the injury. Economic losses typically include:

• Past medical bills (hospital, surgery, doctor visits, diagnostics, prescriptions)
• Future medical costs reasonably likely to be required because of the injury
• Other out-of-pocket costs (transportation for medical care, home care, medical equipment)

To get these items paid from a claim you must show that the medical treatment was reasonable, necessary, and caused (or materially increased) by the other party’s wrongful act. Good evidence includes medical records, billing statements, itemized receipts, treating provider declarations, and testimony about future care needs.

Who pays the bills before the claim settles?

Common payment sources after an accident:

• Your health insurance: Most people rely on private health insurance to cover immediate treatment. Insurers often have subrogation or reimbursement rights—meaning they may seek repayment from any recovery you obtain.
• Medicare or Medicaid (Apple Health in Washington): Federal and state programs may require repayment from settlement proceeds when they paid medical costs. These programs have strict recovery rules.
• Auto medical-payments (MedPay) or PIP: If you were injured in an auto crash, your auto policy may include MedPay or personal injury protection to pay medical bills regardless of fault.
• Providers or collections: Providers and hospitals can try to collect unpaid bills. An attorney can often negotiate reduced payoffs or delay collection while a claim proceeds.

Liens, subrogation, and reimbursement: what to expect

If someone else’s insurance pays you, or you settle your claim, other payers (health insurers, Medicare, Medicaid, or employer-provided plans subject to ERISA) may claim reimbursement for amounts they paid. Practically this can mean:

• A health insurer sends a demand for repayment from your settlement (called a subrogation demand).
• Medicare/Medicaid issues a statutory lien or demand for conditional payment repayment.
• An employer’s ERISA plan asserts a lien and may follow different rules for enforcing repayment.

These claims reduce the money you receive unless they are negotiated, reduced, or otherwise resolved. Handling subrogation and lien claims is a common part of personal injury negotiation.

Practical tools your attorney can use

• Letters of protection (LOP): An attorney may ask medical providers to defer collection and accept payment from the final settlement. Providers do not have to accept an LOP, but many will negotiate.
• Negotiating liens and payoffs: Attorneys often negotiate payoff amounts with insurers and providers, sometimes getting large discounts.
• Allocation in settlement documents: Proper allocation of settlement funds (how much is assigned to medical bills, lost wages, pain and suffering) helps reduce some repayment obligations and provides documentation if payers challenge recovery.
• Structured settlements: For large awards, structuring payments can help manage future medical costs and tax consequences.

Deadlines to keep in mind in Washington

Washington law generally gives three years from the date of the injury to start a personal injury lawsuit. See the Revised Code of Washington on actions for injury to the person: RCW 4.16.080. Missing this deadline may prevent recovery from the at-fault party, which in turn can leave you responsible for unpaid medical bills.

Common scenarios

Examples of how this plays out:

• Minor crash, clear fault: Insurer accepts liability and pays medical bills up to policy limits. Any unpaid bills may be subject to your health insurer’s subrogation.
• Serious injury, long treatment: Your attorney documents future care needs and negotiates a settlement that accounts for future medical costs; liens and subrogation are negotiated before distribution.
• No-fault or limited-insurance at-fault driver: You may need to rely on your health insurance, MedPay, or uninsured/underinsured motorist coverage; you may also pursue the at-fault person personally if they have assets.

Where to find more Washington-specific information

• Washington statutes and RCW search: apps.leg.wa.gov/rcw
• Medicare Secondary Payer rules (federal): CMS: Coordination of Benefits and Recovery
• Find local lawyer referral and public resources: Washington State Bar Association – Find Legal Help

Helpful Hints

• Keep every medical bill, receipt, and record. Documentation is the key to proving your medical losses.
• Tell all treating providers that your injuries are related to the accident so records clearly connect treatment to the crash.
• Notify your auto insurer and your health insurer promptly. Ask your health insurer about any subrogation or repayment rules.
• Before accepting any settlement offer, make sure you understand how outstanding medical bills, liens, and subrogation demands will be handled.
• If you have Medicare or Medicaid, notify the program and get a payoff demand in writing so you know the amount they will seek from any recovery.
• If bills are piling up, ask hospitals and providers about financial assistance, payment plans, or reduced-pay balances—even without a lawyer many providers will offer reductions.
• Talk to a personal injury attorney early. Attorneys can often get providers to delay collections, negotiate liens, and help preserve your right to full compensation.
• Watch the statute of limitations — in Washington you typically have three years from the injury date to file a lawsuit (see RCW 4.16.080).

Disclaimer: This article is for general information only and does not provide legal advice. It does not create an attorney-client relationship. Laws change and every case is unique. If you need advice about a particular situation, consult a licensed Washington attorney or the Washington State Bar Association’s referral services.