Can my accident claim pay my medical bills? — Arizona guide | Arizona Estate Planning | FastCounsel
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Can my accident claim pay my medical bills? — Arizona guide

What to do if you can’t afford medical bills after an Arizona accident

Detailed answer — can an accident claim cover your medical bills in Arizona?

Short answer: Yes — often your medical bills can be paid from an insurance claim or a personal-injury claim against the at-fault party — but how much you receive and when you get paid depend on insurance, fault, liens, and whether public programs (like Medicare or Medicaid) have payment rights.

How payment usually works after an Arizona accident

  1. Use your health insurance first (if you have it). Health insurance normally pays emergency and ongoing medical care immediately. That prevents you from getting large unpaid bills while your legal claim develops. Later, your insurer may seek repayment (subrogation) from any settlement.
  2. Medical payments (MedPay) and PIP. If you have MedPay or Personal Injury Protection (PIP) through your auto policy, those benefits pay medical costs regardless of fault up to the policy limits.
  3. Third-party liability claims. If another person’s negligence caused the accident, you can pursue a claim against that person or their insurance. If you obtain a settlement or judgment, medical bills are typically paid out of the recovery before you receive your net award (after attorney fees and costs).
  4. Comparative fault affects recovery. Arizona applies a comparative-fault rule to reduce recoverable damages by your share of fault. If you are more than 50% at fault, you generally cannot recover. See Arizona Revised Statutes on apportionment of damages: A.R.S. § 12-2505.

Liens, subrogation, and who gets paid from your settlement

Even if you win a settlement, several parties may have legal claims against your recovery:

  • Health insurer subrogation or repayment. Many private insurers include contract language requiring reimbursement from any personal-injury recovery. They may demand repayment of the amounts they paid for your care.
  • Medicare and Medicaid (AHCCCS) claims. Federal and state programs have strong statutory repayment rights. If Medicare or Arizona Medicaid (AHCCCS) paid for care, those programs can require reimbursement from your settlement. Contact Medicare (https://www.medicare.gov/) and AHCCCS (https://www.azahcccs.gov/) for details on protections and conditional payment processes.
  • Medical-provider liens. Medical providers sometimes place a lien or refuse to bill you until a settlement is reached. In many cases providers try to negotiate reduced balances once a settlement is available.

What happens if you have no insurance and large bills now

If you can’t pay urgent medical bills:

  • Tell the hospital or provider you have an accident claim pending. Many providers will note the claim and delay aggressive collection while a claim is open.
  • Ask about payment plans, charity care, or reduced rates. Hospitals and many providers offer financial assistance programs.
  • If you have a strong liability claim, a medical provider may defer billing or agree to accept a payment from your settlement. Get any deferral or lien agreement in writing.

How settlements are usually divided

Typical order of payments once you get a settlement:

  1. Attorney fees and case costs (often deducted before client receives proceeds).
  2. Reimbursements for medical payments made by insurers or public programs (subrogation claims).
  3. Payments to medical providers with valid liens or negotiated payoffs.
  4. Net amount to you for lost wages, pain and suffering, and any remaining medical costs.

Steps to protect your right to medical bill coverage

  • Preserve evidence: collect medical records, bills, accident reports, photos, and witness names.
  • Notify your insurer and the at-fault party’s insurer promptly.
  • Keep careful records of all medical expenses and lost income.
  • Respond to public-program requests: if Medicare or AHCCCS paid care, inform them and follow their conditional-payment recovery process.
  • Before signing any settlement, ask for a written breakdown showing reductions for liens and subrogation so you know what you will actually receive.

When to consider hiring a lawyer

Consider hiring an attorney if:

  • Your injuries are significant or require ongoing care.
  • Liability is disputed or insurers deny/underpay the claim.
  • Medicare/AHCCCS or private insurers claim large reimbursement rights.
  • You need help negotiating medical-provider reductions or structuring a lien payoff.

Key Arizona law to know

Arizona reduces recoverable damages by the plaintiff’s percentage of fault under its comparative-fault rule. For the statute on apportionment of damages, see: A.R.S. § 12-2505. For information about Medicaid in Arizona, see the AHCCCS site: https://www.azahcccs.gov/. For federal Medicare lien guidance, see Medicare: https://www.medicare.gov/.

Example (hypothetical)

Jane is hit by a driver who is 100% at fault. Her emergency bills total $60,000; her health insurer pays $50,000 and notifies her it will seek reimbursement. Jane settles her claim with the at-fault driver’s insurer for $120,000. From the gross settlement, her attorney takes fees and costs (for example, 33% plus costs). After fees, the carrier and Medicare/AHCCCS claims are satisfied according to their legal rights and any negotiated reductions. Jane receives the remaining net compensation for pain and suffering and any unpaid medical bills.

Bottom line

Accident claims in Arizona can and often do cover medical bills, but actual payment depends on insurance, fault, liens, and statutory repayment rights. Acting early, documenting everything, and getting professional help when needed improves your chance of getting bills paid and receiving a fair net recovery.

Disclaimer: This article is for educational purposes only and is not legal advice. Laws change and facts matter. If you need legal advice specific to your situation, consult a licensed Arizona attorney.

Helpful hints

  • Call your health insurer after the accident and ask about coverage and subrogation rules.
  • Get written confirmation from medical providers if they will defer billing while a claim is pending.
  • Keep a separate file for all medical bills, insurance correspondence, and records of conversations (date, time, name, summary).
  • If Medicare or AHCCCS paid care, notify them immediately so you can follow the correct reimbursement process.
  • Before accepting a settlement, ask for a full accounting of how liens, subrogation, fees, and costs will be handled.
  • Consider a lawyer if your medical bills are large or if multiple parties (insurers, Medicare/AHCCCS, providers) claim repayment rights.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.