An accident can forever change your life. In the blink of an eye, you can go from being perfectly healthy and in need of no help to do normal activities to injured, disabled and in need of assistance for doing the most mundane of tasks.
This assistance can come in the form of medical devices, crutches, voice-to-voice machines, or whatever is needed to help the injured party live life.
We have asked attorney Alaina Sullivan about this type of situation. Here is what she had to say:
Economic Damages
Following a car accident, the injured party has different types of damages available to him or her to help bring that person back to whole. Economic damages include medical expenses, including doctor visits, physical therapy, tests and medical adaptive devices.
These damages can be submitted as claims to the insurance party of the at-fault driver or through the injured driver’s insurance policy.
In states where no-fault insurance is the standard, the injured driver would file his or her claim with his or her own insurance provider, regardless of fault.
Health Insurance
These adaptive devices are normally provided to the injured individuals for medical reasons. Normally these devices are prescribed by medical professionals after being seen for diagnosis and treatment, and for this reason, the first claim for reimbursement normally can be made to the injured party’s health insurance provider.
The injured party is under the obligation to mitigate damages from the accident, even if he or she is not at fault, and the first step would be to see how much of his or her injuries could be covered by health insurance costs.
The driver would then seek reimbursement for any costs that were paid out-of-pocket through the at-fault driver’s car insurance policy.
Medically Necessary
However, the adaptive devices do need to be medically necessary and related to the injuries sustained from the car accident for them to be covered through a personal injury claim. The injured party would need to have documentation from the treating physician that showed what the patient’s injuries were, how they were sustained and the treatment needed.
If these adaptive devices are needed because of injuries sustained from the accident, the doctor needs to clearly prove their need. Otherwise, the insurance company will attempt to argue that the devices are not medically needed and should not be covered as part of the claim.
In addition, the doctor will need to show that the devices are needed as a direct result of the car accident and the injuries sustained because of the car accident.
Who Pays for The Devices Now?
The problem with requesting reimbursement through a personal injury claim is the injured party will need to pay for them up front if he or she needs them. Most people cannot wait months or even longer to get these devices, and unfortunately, personal injury claims can take longer than necessary to process before the injured party can receive compensation.
If the other party is contesting the claim, pushing the case to court, that process can take even longer, especially if the other side appeals an unfavorable verdict. It is for this reason that the health insurance process can be helpful to allow for the person to receive the needed devices as soon as possible.
Other resources are available if needed for parties who are unable to pay for adaptive devices. Some companies offer discounts for medical devices for individuals who are not able to afford them.
Further, financial assistance can also be provided for those who qualify either through the healthcare provider directly, through a third-party source or even Medicaid if the injured party has absolutely no way of affording the devices.
Devices could also be rented, if needed, until reimbursements is given to allow for payment for new devices.
Speak with a personal injury attorney who specializes in disabilities if you have any questions about how you could qualify.
Contact an Attorney Today
If you have been in a car accident and did not have health insurance at the time, it is recommended you contact an attorney to ask any questions you may have. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.He or she can also help you determine if you'd need to go to court or help you reach a settlement for your claim.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
