Who Covers Medical Bills in a Trucking Accident In Illinois?

At Strong Law Offices, we've litigated many truck accident lawsuits and understand that one of the major concerns for victims is who pays for their medical bills after collisions. Call us today at 309-688-5297 to schedule a free consultation.

Who Is Responsible for Covering Medical Bills After a Trucking Accident in Illinois?

Truck accident victims usually require immediate medical care. Considering the severe injuries sustained after the collision and, sometimes, ongoing treatment and rehabilitation, medical bills can accrue quite quickly. So, it's understandable for a victim to ask: who pays medical bills in a trucking accident?

If you've sustained injuries in a collision because of a truck driver's negligence or recklessness, his or her trucking company's insurer is legally responsible for covering the medical expenses. Like other legal processes, getting the insurance provider to pay the treatment costs is often an arduous process. In Illinois, the insurer will only cover medical costs after a successful settlement negotiation or court ruling in your favor.

You may have to cover your initial medical bills and treatment costs after a trucking accident as you wait for the settlement negotiation or trial outcome. You'll have to rely on your personal health policy or other payment alternatives to cover the initial costs.

Various Methods for Paying Medical Bills after a Truck Accident in Illinois

Depending on your circumstances, you can cover the expenses through your:

Health Insurance Policy

Most truck accident victims leverage their health insurance policies as their primary coverage for their treatment following collisions. You can claim health insurance benefits from your private plan, employer, or government-issued policies. However, the health insurer may require reimbursement once you receive the settlement amount in a process called subrogation.

Retaining a motor vehicle accident attorney is beneficial because he or she can handle the subrogation process.

Medical Payment Coverage

Also known as MedPay, medical payment coverage is another reliable source for post-accident medical payments. In Illinois, MedPay is an optional insurance coverage added to your private car insurance policy. It provides the funds to cover your treatments, regardless of the at-fault driver. MedPay coverage only caters to medical expenses up to a certain limit, making it particularly reliable for covering relatively smaller payments, such as copayments and deductibles.

Because MedPay is a no-fault insurance coverage, it offers accident victims timely funding for immediate medical care without undergoing the legal process of determining fault. You also don’t have to wait for payments from the negligent party's insurance carrier. The downside is that MedPay benefits are usually lower than the medical bills. So, they only cover the expenses partially.

Personal Injury Protection (PIP)

Motorists in Illinois aren't legally mandated to have PIP coverage, but including it in your car insurance policy can prove helpful. This policy covers various financial losses, including medical costs, lost income, and other accident-related costs. Personal Injury Protection policy is a no-fault coverage – it will pay for your care and treatment costs regardless of the at-fault party. Another advantage is that it covers a wider range of expenses than MedPay.

Workers' Compensation

Workers' compensation is only a viable means of medical payment if you suffered injuries and financial losses because of a work-related truck accident. In 2022, the Illinois Department of Transportation (IDOT) recorded 2,021 large truck accidents in work zones, resulting in 307 injuries.

In such accidents, you can file a workers' compensation claim with your employer's workers' comp insurance carrier. Your workers' compensation benefits will typically pay for:

• Medical costs
• Lost wages
• Disability benefits

Workers' compensation is also a no-fault coverage. Thus, you don't have to prove fault on your employer's side to receive the benefits. You're eligible for workers' compensation, provided the accident occurred during a work-related activity.

Insurance Coverage in Illinois Trucking Accidents

The Federal Motor Carrier Safety Administration (FMCSA) regulates insurance coverage for interstate commercial trucks. Typically, the FMCSA requires trucking companies and heavy haulers to obtain general public liability insurance to cover the ensuing third-party bodily injury and property and environmental damage.

Truck accidents are often catastrophic because of their weight and the high speeds they can travel. Victims usually suffer serious injuries, with some injuries requiring long-term medical care.

The FMCSA requires trucking companies operating trucks to have higher insurance limits than personal car insurance. In Illinois, the minimum insurance coverage for passenger vehicles is $25,000, while the minimum coverage for a commercial truck hauling general, non-hazardous freight is $750,000. Some truck accidents result in fatalities. In such a case, a $750,000 reimbursement cannot fully compensate the bereaved family for the wrongful death of a loved one. That's why some trucking companies will have additional coverage.

The type of material under transportation affects a trucker's insurance. A trucker hauling hazardous material is required to obtain higher insurance coverage. As of April 2023, the minimum coverage for freights involving hazardous materials was $5,000,000.

Considering the differences in insurance coverage, it is crucial to partner with an Illinois truck accident lawyer who can investigate the type of freight and the possible insurance coverage layers to recover the full compensation for your injuries. The lawyer can also advise you on the appropriate steps to take after a truck accident to ensure you file a successful claim.

How a Truck Accident Lawyer Can Help With Medical Bill Coverage

An experienced truck accident lawyer does more than provide legal support and guidance during an accident lawsuit. The lawyer takes time to evaluate your financial situation and provide the necessary help you need to cover your medical costs after a collision. While you may try to pursue other payment options on your own, it can be challenging to convince healthcare providers to show leniency to you. Having a lawyer on your side gives credibility to your plea.

If you're uninsured and have difficulty covering your medical expenses, your attorney can help in the following ways:

Negotiating Medical Payment Plans

Some healthcare providers offer various payment options for underinsured and uninsured patients. Others work on tight budgets and often require patients to pay their bills upfront to ensure consistent cash flow. In either case, a lawyer can negotiate with the healthcare provider on a favorable deal that allows you to pursue your compensation to pay the bills in the long run. Alternatively, you can enter an agreement to cover a portion of the costs and complete the payments after the settlement award.

Arranging Medical Liens

Medical liens are a common means of covering medical bills after truck accidents, especially if treatment must occur before you receive the settlement or a verdict is reached. An experienced truck accident attorney networks with reputable healthcare providers who can agree to file liens on portions of the settlements awarded to victims.

A lien typically means that the provider provides medical care and treatment services and files liens to get reimbursed for the services once you obtain compensation. Liens can get complicated because the bills must be evaluated before the victim fully recovers. The Illinois Healthcare Services Lien Act limits liens to 40% of the compensation money. Additionally, no single provider can claim a lien of more than a third of the total recovery amount when there is only one lien.

Negotiating Medical Debt

Sometimes, a medical provider can highball the medical expenses, significantly increasing your financial pressure. Having these costs reduced can be challenging if you go at it alone. If you hire a truck accident lawyer for your injuries, the hospital will be likelier to rectify the mistake than if you are self-representing

Your lawyer can help you understand how truck accident investigations work and can ensure your medical expenses are accurate. Healthcare providers often itemize lists of treatments and costs using codes when preparing medical bills. The lawyer can probe the provider for the list of treatments and procedures you underwent for proper analysis and interpretation. The lawyer can find discrepancies in the records that may inflate the bills. Consequently, he or she will have the bill reduced.If you or your relative has been involved in a truck accident in Illinois, you can count on Strong Law Offices for client-focused legal help. We've helped many truck accident victims in Peoria, Bloomington, Chicago, Springfield, and the neighboring areas receive full compensation for medical costs and other damages. Contact us to schedule a free case evaluation with one of our truck accident lawyers.