How Risky Is It To Settle Your Own Accident Case?

By far, the biggest risk with handling your case on your own is a lack of familiarity with medical billing. At least once a month, we have a case where the medical bills exceed the amount of available insurance policy or policies.  That means, despite the fact you are not at fault for your injuries, you could be on the hook for the medical bills if you settle without proper case evaluation and processing.

For example, if you were taken to the hospital after your car crash, you are likely facing a hospital facility bill of $3500 and up. That won’t include the emergency physician’s bill, which is usually billed by agencies such as Northwest ER Physicians or the like. You also likely had imaging done, which will include the imaging bill and also the radiologist or other specialist bill. For one quick visit, you are likely facing anywhere from 3-5 bills (assuming you did not stay overnight) as well as the another $1000 for the ambulance ride. 

Let’s assume you do not have medical insurance or perhaps not very good coverage—YOU are still on the hook for those bills until the case RESOLVES. This is where most people are confused. You do not get any bills paid until you settle a case. And, it could be much worse if the at-fault driver has no insurance—which is true for 1 in XX drivers. Even if the driver has the state minimal policy (25k), it’s likely you could already be upside down on the bills after only one visit to the hospital. 

People make the mistake of believing there will be other ways to “recover” for a larger settlement but, very often, a driver with no insurance or the minimal policy, has very few assets. More often than not, you are not going to get any additional money from the person who caused your injuries. If the at-fault driver has no auto insurance and you do not have PIP and UM insurance, you could be 100% stuck with all of your medical bills.

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This is where a personal injury attorney can really help. Often, people think that accident attorneys are focused on lawsuits and recovery through a jury verdict. That is not the case. In fact, not many personal injury cases actually go to trial because you can’t get blood from a stone. If there are no great policies or assets, you are throwing good money after bad. 

However, there are many occasions when clients have signed up with us believing that the at-fault driver had no insurance and we found available policies. Often, there are numerous policies that the attorney can tap into to layer policies for better payouts and higher amounts of Personal Injury Protection (PIP) policies. 

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Personal injury lawyers are also very good at figuring “work arounds” to those high medical bills so that there is still money for your pocket. Attorneys and staff work tirelessly to reduce subrogation and/or medical liens. In fact, most personal injury law firms will tell you they spend between a third to half of their time on subrogation and liens.

The process of reducing your “pay back” can be complicated but there are statutes as well as case law that can help. It can also be very time-consuming if you had a great deal of care. An experienced personal injury attorney will be able to give you a fair estimate of the time it will take to resolve those lien issues. Don’t be surprised if it’s over a year following your accident. For complex cases, it can be even longer.

It is incredibly risky to settle a case on your own if you do not accurately understand the medical totals you have already accrued as well as any possible future care. Your medical insurance company may reject payment on any claim in the future that it deems you were paid for out of an accident settlement (i.e. for future medical care). 

Additionally, it is not uncommon for it to take months or even a year to have an accurate balance verification from a medical provider. So, if you settle before you have those totals and do not get enough money, you do not get to go back to the insurance adjuster and ask for more money. Later, if you realize you settled for $10,000 but your actual medical bills are $50,000, you are on the hook for the additional $40,000. If you handle your own case, you are deemed to know the law as well as the process of medical liens.

If you are attempting to resolve a case within one year of your injuries, are still treating, anticipate future care, or simply do not understand the medical totals you have accrued, you should consult with an attorney in the state where your accident occurred. Do not risk owing money on an accident that you did not cause! 

If you were injured in a car accident, dog bite, or other injury, contact our lawyers to discuss if it is the type of case we handle. If we can’t help, we will try to find you the best referral. (360) 792-1000