Maryland: Can an Accident Claim Cover My Medical Bills?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Can an accident claim pay my medical bills in Maryland?

Short answer: Yes—often your accident claim can cover medical bills, but how much and when you get paid depends on several things: the type of insurance available (your own health or auto coverage, MedPay, or the at-fault party’s liability insurance), whether you have a strong legal claim, Maryland’s contributory negligence rules, and any liens or subrogation claims by health insurers or government payors. This is general information, not legal advice.

Detailed answer — how medical bills are handled after an accident in Maryland

1. Types of coverage that can pay medical bills

  • Your health insurance: In most cases your health insurer will pay urgent and ongoing medical care first. That gets you treatment quickly, but the insurer may seek reimbursement from any recovery (subrogation).
  • Auto insurance medical payments (MedPay) or personal injury protection (PIP): Some auto policies include MedPay or PIP that pays medical bills regardless of fault. Whether you have this depends on your policy. Check your declarations page or ask your agent.
  • The at-fault driver’s liability insurance: If another driver caused the accident and you can prove their negligence, their liability insurer may pay your medical bills as part of a settlement or judgment for medical expenses (past and future), pain and suffering, lost wages, and other damages.
  • Government payors (Medicare/Medicaid): If Medicare or Maryland Medical Assistance (Medicaid) paid for your care, they may require repayment from any settlement to the extent they covered your medical expenses.

2. How a claim usually pays medical bills

  1. Immediate care typically comes from your health insurance or MedPay so you can get treated fast.
  2. After you recover (or recover enough to value future care), your attorney (if you hire one) negotiates with the at-fault party’s insurer for a settlement or sues for a judgment.
  3. If you obtain money, the settlement/judgment can include reimbursement for past medical bills and projected future medical costs related to the injury.
  4. From the recovery, providers and insurers with legal claims (health insurer subrogation, Medicare/Medicaid, hospitals with liens) may be entitled to be repaid. Your attorney will try to reduce these claims where possible.

3. Timing: when do bills get paid?

You usually must pay providers first (or have your health insurer pay) and wait for resolution of the liability claim to get reimbursed from the settlement or judgment. Some providers will accept reduced payments, set up payment plans, or place a medical lien against any recovery. A personal injury attorney may advance litigation costs for you, but the attorney’s fee and costs are repaid from your recovery.

4. Maryland-specific legal points you must know

  • Statute of limitations: You generally have three years from the date of injury to file a personal injury lawsuit in Maryland. If you do not file within this period, you risk losing the right to recover. See Maryland Courts & Judicial Proceedings § 5-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cj&section=5-101.
  • Contributory negligence: Maryland follows a contributory negligence rule in many negligence cases. That means if you are found even partly at fault, you may be barred from recovering damages. Because of this strict standard, proving the other party’s fault is critical.
  • Liens, subrogation and reimbursement: Health insurers, Medicare, and Medicaid may assert rights to be reimbursed from any settlement. Providers who treated you can sometimes assert liens against recovery. These claims can reduce what you actually receive from a settlement.

5. Common problems and how they are handled

  • If you can’t afford care right away, ask hospitals and providers about charity care, payment plans, or sliding-scale options. Many hospitals have financial assistance programs.
  • If your health insurer seeks reimbursement, an attorney can often negotiate to reduce the insurer’s claim or arrange payback from the settlement proceeds.
  • If you have Medicare or Medicaid, contact the payor’s recovery unit early. For Medicare, special rules (including conditional payments) apply and must be handled before final settlement.
  • If the at-fault party’s insurer delays payment, an attorney can push for timely resolution, file suit before the statute of limitations runs, and protect your rights.

Practical steps to protect yourself and your bills

  1. Seek immediate medical care and keep all medical records and bills.
  2. Notify your health insurer and the at-fault party’s insurer as required by policy language.
  3. Save copies of all medical bills, receipts, wage-loss documentation, and any communications about billing or payment.
  4. Ask hospitals/providers about financial assistance or reduced rates if you can’t pay now.
  5. Talk to a personal injury attorney promptly — many work on contingency (no fee unless you recover) and can help manage liens, subrogation, and negotiation. Make sure you ask how medical liens and costs will be handled in any contingency agreement.
  6. Keep in mind the deadline to file a lawsuit — see the statute above — and act early to preserve evidence and witness statements.

Helpful links and resources (Maryland)

Helpful Hints

  • Get treatment first — your health and future recovery depend on it.
  • Document everything: medical records, photos, police reports, and names of witnesses.
  • Ask your provider whether they will place a lien rather than demand payment now.
  • Check whether your auto policy includes MedPay or PIP — it can pay bills quickly regardless of fault.
  • Speak with an attorney as soon as possible to understand how liens, subrogation, and Maryland’s contributory negligence rules might affect your recovery.

Disclaimer: This article provides general information about Maryland law and is not legal advice. Laws and procedures change. For advice specific to your situation, contact a licensed attorney in Maryland.

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. See full disclaimer.