Detailed Answer
If you can’t afford medical bills after an accident in Colorado, there are several ways those bills may be paid or reduced through insurance and a personal-injury claim. This answer explains the common paths to coverage, how recovery and bill repayment typically work, and practical steps to protect your rights.
How medical costs are often paid right after an accident
- Emergency care and hospital care: Get treatment first. Hospitals will treat urgent injuries regardless of your ability to pay. Ask the hospital about financial assistance and billing plans.
- Your health insurance: If you have health insurance, it will usually pay medical providers up front (subject to your deductible and copays). Your insurer may later seek repayment from any settlement or verdict (this is called subrogation or reimbursement).
- Auto insurance coverages: Colorado does not require personal injury protection (PIP), but some auto policies include optional Medical Payments (MedPay) coverage. MedPay can pay medical bills regardless of fault. For information on Colorado auto coverage options, see the Division of Insurance consumer page: https://doi.colorado.gov/consumer/auto-insurance
- Government programs: If you are on Medicaid, the state may pay your immediate care and later assert a claim against any recovery. Learn about Colorado’s third-party liability and recovery at the Department of Health Care Policy & Financing: https://www.colorado.gov/pacific/hcpf/third-party-liability
Can your accident claim cover those fees?
Yes — when you recover money from an at-fault party or their insurer (by settlement or lawsuit), that recovery often covers medical bills as part of the overall damages for past medical expenses, future medical care, lost wages, and pain and suffering. But several factors change how much of the settlement you actually keep:
- Liens and subrogation: If someone else (your health insurer, Medicaid, Medicare, or a hospital) paid your medical bills, they may have a right to be repaid from your recovery. Health insurers commonly assert subrogation or reimbursement rights; Medicaid and Medicare have statutory recovery powers. In Colorado, hospitals may assert a hospital lien under state law (see statutes regarding hospital liens in Title 38 of the Colorado Revised Statutes: https://leg.colorado.gov/sites/default/files/2019a_revisedstatutes_title_38.pdf).
- Negotiation and reduction of liens: Liens are often negotiable. Attorneys commonly reduce subrogation or hospital claims so the injured person receives a fair portion of the recovery after attorney fees and costs.
- Comparative negligence: If you share fault for the accident, Colorado’s comparative negligence rules can reduce your recovery. See Colorado’s modified comparative negligence statute: C.R.S. § 13-21-111 (Title 13 of the Colorado Revised Statutes): https://leg.colorado.gov/sites/default/files/2019a_revisedstatutes_title_13.pdf
- Attorney fees and costs: If you hire a lawyer on contingency, fees and costs will be deducted from the settlement before you and lienholders are paid. This affects the net amount available to satisfy medical bills and liens.
Typical sequence and a short hypothetical
Typical sequence after an accident:
- Get necessary care and document all bills and records.
- File a claim with the at-fault party’s insurer (or your insurer if applicable).
- Negotiate a settlement or pursue a lawsuit.
- Resolve liens/subrogation claims and distribute settlement funds (attorney fees, medical liens, your net recovery).
Hypothetical: You have $20,000 in emergency room and follow-up bills. Your health insurer paid $15,000 and has a reimbursement claim. You settle with the at-fault driver for $50,000. After a 33% contingency fee ($16,500) and litigation costs ($1,000), $32,500 remains. The insurer’s $15,000 claim may be negotiable — you might pay the insurer a reduced amount (for example, $9,000). After paying that reduced lien, you could keep about $23,500. The actual numbers vary depending on negotiations and applicable laws.
Hospital liens, Medicaid/Medicare, and other claims
Hospitals and government payers can assert liens or statutory rights to recover from a settlement. Colorado has statutes addressing hospital liens and other recovery rights (see Title 38 materials for hospital liens: https://leg.colorado.gov/sites/default/files/2019a_revisedstatutes_title_38.pdf). If you receive Medicaid or Medicare, those programs may demand repayment from your settlement. Contact your Medicaid caseworker or consult resources at Colorado HCPF: https://www.colorado.gov/pacific/hcpf/third-party-liability
Action steps to protect your claim and limit out-of-pocket costs
- Seek medical care immediately and keep all medical records and bills.
- Tell your health insurer and any auto insurer about the accident promptly.
- Save all communications from hospitals, insurers, and government programs about liens or subrogation.
- Do not sign broad releases or accept a full-and-final settlement offer until you understand lien obligations and how much you will net.
- Consider legal help. Many personal-injury attorneys work on contingency and can handle lien negotiations and subrogation issues.
Timing and deadlines
Act promptly. Colorado has time limits for filing lawsuits and taking other steps to preserve claims. Missing a deadline can prevent you from recovering anything. See Colorado Revised Statutes, Title 13 for statutes of limitations and civil procedure rules: https://leg.colorado.gov/sites/default/files/2019a_revisedstatutes_title_13.pdf
Final practical note
If you cannot pay bills upfront, your recovery from a successful claim or settlement often becomes the source for repaying medical providers and insurers. But the presence of liens, government claims, attorney fees, comparative fault, and negotiation all affect how much you ultimately receive. Getting prompt legal advice can help protect your recovery and reduce the chance you will be left with unpaid medical debt.
Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Colorado attorney.
Helpful Hints
- Document everything: photos, medical records, bills, and communications.
- Keep a file of all medical bills, even those paid by insurance.
- Tell your health insurer and the at-fault insurer about ongoing treatment.
- Ask hospitals about financial assistance or billing plans if you can’t pay immediately.
- Check whether your auto policy has MedPay — it can reduce out-of-pocket expenses.
- Don’t sign away your claim until lienholder claims are resolved or you understand the net proceeds.
- Consult a Colorado personal-injury attorney early if bills or liens are large; many work on contingency.
- If you have Medicaid, contact your caseworker about third‑party recovery rules before you settle.
- Be aware that settling quickly without addressing liens can leave you responsible for unpaid bills.