If you have provided medical services to patients after an auto accident, you are entitled to have your medical billing paid by the patient’s no-fault auto insurance company. But the auto insurance industry has made a business practice of denying, refusing, or contesting most serious auto injuries, even when they are clearly related to an auto accident. When this happens, medical providers face delays, attorney fees, and the need to file medical provider lawsuits.
When a medical provider lien isn’t an option, you may have to go to court to make sure your medical billing gets paid. The medical provider attorneys at Christensen Law have been dealing with the auto insurance companies for over 20 years. They will help you navigate the process, get your case resolved, and your billing file closed.
Often, a medical provider can intervene into the patient’s First Party no-fault case to defend its own claims against the auto industry. This option may be preferable to relying on a consensual medical lien, especially when your patient has many other doctors, hospitals, specialists, and therapists vying for their share of the insurance settlement. Under a medical lien, your claims could be reduced if the patient’s attorney settles the case for less than the total medical expenses owed.
By intervening in the case, you can defend your medical billing claims directly against the auto insurer’s attorney, without the Plaintiff’s lawyer acting as a go-between. Your medical provider attorney will also have the same ability as the plaintiff’s attorney to question defense experts, obtain insurance documents, and argue your case in court.
Direct Medical Provider Lawsuits
If you aren’t able to intervene – like when you don’t learn about your patient’s case until it is too late – you can still go to court to collect your medical billing. The Michigan No-Fault Insurance Act gives medical providers the ability to file a lawsuit directly against the auto insurance provider for services provided for the benefit of an auto accident victim. This lawsuit will be filed in either District Court or Circuit Court, depending on the size of your bill.
A direct medical provider lawsuit may cost you more in attorney fees, since your medical provider attorney will have to do all the work to develop your case. But you may also be able to use the separate lawsuit to your advantage. If your patient has also filed suit, your lawyer can use the discovery, depositions, and admissions of the auto insurance adjuster in that case against the auto insurer in yours.
The opposite is true as well. Sometimes, an auto insurance company will settle a medical provider lawsuit quickly, to avoid the injured patient having access to the deposition testimony of a doctor or therapist.
The medical provider attorneys at Christensen Law know the benefits and risks of the different types of medical provider lawsuits. If you have medical billing from treating auto accident victims, contact Christensen Law today to discuss your options and plan your strategy.