Short answer

If your accident was caused by someone else, you can often recover medical expenses through a personal injury claim or settlement in West Virginia. If you can’t pay bills now, several paths exist: health insurance may pay initially, providers may accept payment plans or letters of protection, and public payers (Medicaid/Medicare) or private insurers may seek reimbursement from any recovery. Resolving these obligations correctly usually requires prompt action and often an attorney.

How medical bills are usually handled after an accident

1. Use existing health coverage first.

   If you have private health insurance, Medicaid, or Medicare, use it to get treatment promptly. This prevents gaps in care. These payers often pay the bills as primary or secondary payers depending on coverage rules.

2. Provider billing and payment plans.

   Hospitals and doctors may offer financial assistance, discounts, or payment plans if you cannot pay immediately. Ask billing departments about hardship, charity care, or sliding-scale options.

3. Letters of protection (LOP).

   If you hire a personal injury attorney, the attorney can ask medical providers to treat you and wait for payment until your claim resolves by issuing a letter of protection. An LOP is not a guaranteed lien in West Virginia law, but many providers will accept it so they can be paid from your eventual settlement.

4. Subrogation and lien claims.

   Health insurers, Medicare, Medicaid, and sometimes lawyers or hospitals may have a legal right to reimbursement (subrogation) from your settlement. That means a portion of any recovery may go to repay those payers. Federal law gives Medicare a right to recover conditional payments made for your care (see Medicare Coordination of Benefits and Recovery: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Coordination-of-Benefits-and-Recovery). Private insurers may assert contractual or equitable claims to be reimbursed.

5. Settlement negotiation often includes resolving medical liens.

   Before you accept money from an insurer or at trial, you must address outstanding medical bills and any asserted liens or subrogation claims. Your net recovery is the amount left after those obligations are resolved and after attorney fees and costs are paid.

Common questions West Virginians ask

Will I lose my entire settlement to medical bills?

Not necessarily. How much you keep depends on (a) how much your health insurer or other lienholder can claim, (b) whether providers accept reduced payments or discounts, (c) your attorney’s success negotiating liens, and (d) attorney fees and expenses. Skilled negotiation often reduces the amount paid to providers and insurers.

Can Medicaid or Medicare demand repayment from my settlement?

Yes. Medicaid and Medicare have legal rights to be reimbursed for medical expenses they paid that relate to your injury. Federal Medicare rules require you or your attorney to report settlements and resolve Medicare’s conditional-payment claims before finalizing a release (see CMS recovery information: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Coordination-of-Benefits-and-Recovery).

What if I have no health insurance?

If you have no insurance, discuss an LOP with an attorney and ask medical providers about payment plans or discounts. Hospitals may have charity care programs. An attorney can sometimes negotiate substantial reductions with providers in exchange for prompt or guaranteed payment from settlement proceeds.

Practical steps to protect your rights and finances in West Virginia

1. Seek medical care immediately and keep detailed treatment and billing records.
2. Use any available health insurance to pay initial bills and notify your insurer about the accident.
3. Ask billing offices about financial assistance, discounts, or interest-free payment plans.
4. Talk to a personal injury attorney early. They can issue letters of protection, preserve your claim, and negotiate liens or reductions.
5. When you get a settlement offer, do not sign releases or accept payment until all lien and subrogation issues are resolved or you understand how they affect your net recovery.
6. If Medicare or Medicaid paid your care, make sure your attorney follows the required federal procedures to report the settlement and obtain a conditional payment amount from Medicare/Medicaid.

Where to find more information and resources in West Virginia

• West Virginia Legislature (search relevant code sections and statutes): https://www.wvlegislature.gov/
• West Virginia State Bar — lawyer referral and resources: https://www.wvbar.org/
• West Virginia Offices of Insurance — consumer help with medical billing and insurance issues: https://www.wvinsurance.gov/
• Medicare conditional payment and recovery information: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Coordination-of-Benefits-and-Recovery

Helpful Hints

• Act quickly: timely medical records and early attorney involvement protect your claim.
• Keep copies of every medical bill, payment, explanation of benefits, and letter from insurers.
• Never sign a full medical release or settlement agreement without knowing who will be paid from proceeds.
• If you can’t afford care, ask providers about holding bills while you pursue a claim; many will negotiate.
• Ask your attorney to request a formal conditional-payment amount from Medicare/Medicaid before settling.
• Track deadlines: statutes of limitation and claim filing rules can bar recovery if you wait too long. If you are unsure about timing, consult an attorney quickly.