Beverly Law — Accident AttorneysBEVERLY LAW INJURY ATTORNEYS

Does Health Insurance Cover Car Accidents? How It Works With MedPay, PIP and Your Claim

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

Yes, health insurance usually pays for treatment after a car accident, but it often expects to be repaid from any settlement you later get from the driver who caused it. Auto coverage such as MedPay or PIP may pay too, and your deadline to sue is generally two years in California and Texas (Civil Practice and Remedies Code 16.003) and three in Washington.

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Will my health insurance pay if the other driver was at fault?

In most cases, yes. A health plan pays for covered care under its own terms, and it does not wait for the insurers to decide who caused the crash. Hospitals and doctors will often ask for your health card first, because the at-fault driver’s insurer does not pay bills as you go. It pays once, at the end, in a settlement.

That is the point to keep in mind: the other driver’s liability insurer is what eventually pays for your medical costs, and your health plan is usually a bridge until then. The Texas Department of Insurance tells drivers that if the other driver’s limits are not enough to cover all medical bills, they can file with their own auto insurer or their health insurer. So use your health coverage for care now, and keep every explanation of benefits it sends. Those statements show what was paid, and they matter later.

How do MedPay and PIP fit with health insurance in California, Texas and Washington?

Each state handles auto medical coverage differently, and the difference decides who pays first.

StateAuto medical coverageKey rule
CaliforniaMedical payments (MedPay)Optional; you choose to buy it
TexasPersonal injury protection (PIP)Included unless rejected in writing
WashingtonPersonal injury protection (PIP)Must be offered; can be rejected in writing

California. Liability coverage does not pay for your own injuries, and medical payments coverage is something you can buy. The Department of Insurance says it pays medical costs for you and your passengers no matter who is at fault, with a minimum limit of $1,000 per person.

Texas. An auto liability policy must include PIP unless a named insured rejects it in writing (Insurance Code 1952.152). The law does not require more than $2,500 per person, and the benefits are paid without regard to fault or to other coverage such as health insurance (sections 1952.153 and 1952.155). The insurer generally must pay within 30 days of satisfactory proof of the claim (section 1952.156).

Washington. Insurers must offer PIP, and a named insured may reject it in writing (RCW 48.22.085). The minimum offered is $10,000 in medical and hospital benefits per person (RCW 48.22.095). The Insurance Commissioner says those benefits are available for up to three years from the accident.

Does my health plan get paid back from my settlement?

Often it does. Many health plans include a right to be repaid, called reimbursement or subrogation, from money you recover from the person who caused the injury. How much depends on the plan’s terms and on the law that governs the plan.

In Texas, a statute limits what many health plans can take. Under Civil Practice and Remedies Code chapter 140, the plan’s share is generally the lesser of half of your gross recovery or the benefits it paid, reduced by attorney’s fees and costs when you have a lawyer. That chapter does not apply to Medicare, Medicaid, workers’ compensation or self-funded plans governed by ERISA.

Employer plans are a category of their own. The U.S. Department of Labor explains that ERISA is a federal law setting minimum standards for most health plans in private industry, while government and church plans are generally outside it. Whether an employer plan is insured or self-funded can change which repayment rules apply, so the plan documents need to be read before the settlement is split.

What happens if Medicare or Medi-Cal paid my bills?

Medicare. By law, Medicare does not pay when payment can reasonably be expected from auto, liability or no-fault insurance. When that payment is delayed, Medicare may pay conditionally and recover the money later from the settlement, as CMS explains to attorneys. The case should be reported to Medicare’s recovery contractor, which issues a conditional payment letter listing related claims, generally within 65 days of its first letter (CMS recovery process). You can dispute charges that have nothing to do with the crash. Medicare’s recovery is generally reduced to account for the cost of getting the settlement, such as attorney’s fees (42 CFR 411.37), and Medicare may start recovery as soon as it learns payment could be made (42 CFR 411.24).

Medi-Cal. The Department of Health Care Services requires the member or a representative to report the claim in writing and to notify it of any settlement. It also says no settlement is final until Medi-Cal has had a reasonable time to set its lien, and its process generally allows 120 days to pass after the settlement or the final treatment date before it requests payment data.

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Can PIP refuse to pay my medical bills?

It can, but only on limited grounds in Washington. Under WAC 284-30-395, an insurer may deny, limit or stop PIP medical benefits only if the care is not reasonable, not necessary, not related to the accident or not incurred within three years. It must also explain the real reason in plain language, not a bare phrase like “not reasonable or necessary.” In Texas, if the insurer fails to pay PIP benefits when due, the insured may sue and recover attorney’s fees, a 12 percent penalty and interest (Insurance Code 1952.157).

A Texas PIP insurer also generally has no right to be repaid out of your claim against the at-fault driver, unless that driver had no insurance (section 1952.155). That makes Texas PIP different from most health plans, and it is worth asking about before you agree to any repayment.

What to do now

  1. Give your health insurance card at every visit, and also open a MedPay or PIP claim if your auto policy has it.
  2. Keep every explanation of benefits and every PIP payment letter in one folder.
  3. Ask your employer’s benefits office for the full health plan document, not just the summary.
  4. If you have Medicare, report the case to Medicare’s recovery contractor; if you have Medi-Cal, notify DHCS in writing.
  5. Ask for an itemized list of what each payer says it is owed, and challenge charges unrelated to the crash.
  6. Track your deadline to sue, generally two years in California, per the California Courts, two in Texas and three in Washington (RCW 4.16.080).

Get help sorting out who pays

If health insurance, PIP and liens are eating into your claim, call Beverly Law at (310) 552-6959. We handle car accident cases in California, Texas and Washington and review repayment claims before any money is divided. You owe no fees or costs unless we win.

Common questions

Should I use health insurance or auto insurance for my injuries?

Often both. Auto medical coverage such as PIP or MedPay can pay first and may cover your deductible or copays, and health insurance can pick up the rest under its own rules. Your policy terms decide the order.

Do I have to pay my health insurance back if I settle?

If your plan has a reimbursement or subrogation clause, you may have to. The amount can sometimes be reduced, depending on the plan and the state, which is why repayment claims are reviewed before the settlement money is divided.

What if I do not have health insurance?

You can still get treated. Some providers will wait for payment until the case settles in exchange for a lien on the recovery, and auto coverage such as PIP or MedPay may pay part of the bills. Ask each provider about its billing terms in writing.

Will my health insurance premiums go up because of the accident?

For Marketplace plans, HealthCare.gov lists five pricing factors: age, location, tobacco use, individual or family enrollment and plan category. A crash is not one of them. Your auto premium is a separate question.

Who handles Texas cases at Beverly Law?

Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

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Related pages

Car Accident Settlements · Car accident settlements · Your car accident settlement check · How do car accident settlements work? · Law Blog

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Sources

  1. California Department of Insurance: Auto Insurance 101 (medical payments coverage)
  2. California Courts Self-Help Guide: personal injury cases
  3. California Department of Health Care Services: the personal injury lien process
  4. Texas Insurance Code chapter 1952 (sections 1952.152-1952.157)
  5. Texas Department of Insurance: auto insurance guide
  6. Texas Civil Practice and Remedies Code chapter 140
  7. Texas Civil Practice and Remedies Code chapter 16 (section 16.003)
  8. Revised Code of Washington 48.22.085
  9. Revised Code of Washington 48.22.095
  10. Revised Code of Washington 4.16.080
  11. Washington Administrative Code 284-30-395
  12. Washington Office of the Insurance Commissioner: personal injury protection (PIP)
  13. Centers for Medicare and Medicaid Services: Medicare's recovery process
  14. Centers for Medicare and Medicaid Services: attorney services
  15. 42 CFR 411.24, recovery of conditional payments
  16. 42 CFR 411.37, amount of Medicare recovery after a settlement
  17. HealthCare.gov: how insurance companies set health premiums
  18. U.S. Department of Labor: Employee Retirement Income Security Act (ERISA)

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.

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