Do I have to use the proceeds from my settlement to pay my medical bills?

When it is time for you to settle your case or take it to trial, you and your attorney will revisit your incurred medical bills issue. If your medical bills remain unpaid at the time your case is resolved, the proceeds of the case will likely be used to pay your bills. 

While you might be able to choose to not pay your medical bills with the case proceeds, you are ultimately responsible for the payment of the medical bills. 

As such, your attorney will likely suggest that you pay them with the funds.  Often times, your attorney can work with your medical providers and have your outstanding bills reduced so that you can pocket more money.

If your medical bills were paid by MedPay, typically in Illinois, the insurance company who paid those bills on your behalf is entitled to their money back.  While it may sound like it doesn’t make sense then to use MedPay at all, it is still wise to do so for a couple of reasons.  First, using your MedPay funds will allow you to pay off your unpaid medical bills and avoid collections.  Second, your attorney can likely get a reduction on what needs to be paid back to the MedPay carrier.  In Missouri, the news is even better because state law prohibits the MedPay carrier from seeking reimbursement. 

In other words, in Missouri, you don't have to pay MedPay money back.

If your bills were paid by health insurance, your attorney will have to review your contract with your health insurance carrier.  Typically, when you sign up for your health insurance, whether you know it or not, you agree to pay back your carrier if they pay your bills and then you collect from the at-fault driver. 

How much you have to pay back depends on how your contract reads.

As with the unpaid medical bills and MedPay, sometimes, your attorney can get that amount reduced.  The medical bills issue can be difficult to navigate - it helps to have an attorney guide you.