Can I Use My Health Insurance During a Personal Injury Claim?

Being involved in a car accident is stressful enough on its own, but when medical bills start to pile up, it can feel completely overwhelming. One of the most common questions that injury victims ask our car accident attorneys is: Who pays for my medical treatment after a car accident in Utah? 

The answer is not always the same, and depends on a variety of factors, including the type of insurance coverage you have, who was at fault, and the severity of your injuries. In this article our Utah trial attorneys will break down exactly how health insurance works in a Utah personal injury claim, what state law says about your rights, and when you should consider hiring a car accident attorney

Utah Is a No Fault Insurance System

Utah operates under a no-fault insurance system, as established by Utah Code 31A-22-307. Under this system, your own auto insurance policy covers your initial medical expenses after a car accident, regardless of who has caused the crash.

This coverage is called Personal Injury Protection (PIP), and it is required for all drivers in Utah. At minimum you are required to carry a policy that includes $3,000 in PIP coverage, though you can purchase additional coverage for greater protection if you would like to.

PIP is designed to get you medical treatment quickly, without waiting for fault to be determined or a settlement to be reached.

What Happens When PIP Benefits Run Out?

If your medical expenses exceed your PIP limits, your personal health insurance becomes the primary payer for ongoing treatment. This is an important distinction that many accident victims don’t realize until they’re already deep into the claims process.

If the accident was caused by another driver, you also have the right to pursue a personal injury claim against that driver’s liability insurance. This can allow you to recover compensation for medical bills, lost wages, property damage, and pain and suffering — costs that go well beyond what PIP covers.

Can Your Health Insurance Deny Coverage for Car Accident Injuries?

No. Under Utah Code 31A-22-618, health insurers are prohibited from denying coverage for injuries sustained in a car accident. This means your insurance company cannot refuse to pay for your treatment simply because your injuries are the result of a vehicle collision or because you have an active personal injury claim.

However, there is an important caveat: your health insurer may have subrogation rights. This means that if you receive a settlement or court judgment in your personal injury case, your health insurance company may be entitled to reimbursement for what it paid on your behalf. An experienced attorney can help negotiate these liens to protect more of your settlement.

When Can You Step Outside Utah’s No-Fault System?

Utah Code 31A-22-309 allows injury victims to step outside the no-fault system and file a personal injury claim against an at-fault driver when medical expenses are serious or exceed PIP limits. This is often the right move when injuries are significant, since the cost of surgeries, specialist care, physical therapy, and long-term treatment can far exceed the minimum $3,000 PIP threshold.

A successful personal injury claim can help you recover:

  • All past and future medical expenses
  • Lost wages and lost earning capacity
  • Pain and suffering
  • Property damage

Do You Need a Car Accident Attorney?

Yes, and here’s why. An insurance company is a business, and their goal is to minimize what they pay out on claims to keep more money for themselves. Navigating both your auto insurer and health insurer simultaneously, while also dealing with the at-fault party’s insurance company, is not only complex, but time consuming, especially when you are focused on recovering from your injuries.

When you hire a skilled Utah car accident attorney they will: 

  • Handle all communication with insurance companies on your behalf
  • Ensure your PIP benefits are fully utilized before switching to health insurance
  • Identify and negotiate any subrogation liens
  • Build the strongest possible case for fair compensation
  • Fight for the full value of your claim, not just a quick settlement.

At LifeLaw Trial Lawyers our skilled Utah car accident lawyers are committed to helping anyone who has been injured get the help that they deserve. We will help you navigate the insurance process and fight to get you the compensation to make you whole. Our team of car accident lawyers will work every aspect of your case so you can focus on what is really important, your recovery. 

If you or someone you know has been injured and it was not your fault, give us a call for a free consultation. We work on a contingency fee basis which means you will not pay a cent until your case is won. Give us a call today to discuss your next steps at: 801-206-4002.