Dealing with the aftermath of an auto accident is painful and stressful enough without having to worry about paying for your medical care. People often assume that the other driver’s insurance will cover everything, only to find out that the limits fall far short of their actual expenses. That’s where understanding your options – and getting help from someone who knows the system – becomes essential.

Bottom Line Up Front:

Call an attorney, they can help make the math work.  

The Long Answer

It is surprising how often medical expenses exceed the value of the at-fault parties insurance limits.  In Oregon the minimum limits are only $25,000 per person for bodily injury.  If you are severely injured in a crash, it is very easy to have medical bills greater than that in just a few days.  I have seen a single Life-Flight helicopter ride bill for over $65,000.  Because this is a common situation there are some pretty common ways to make sure that the injured person is compensated and the medical bills get handled.  Having an attorney who knows how to get that work done will save you a lot of time.  The analysis I generally follow is below: 

1. Who is the bill owed to?

Hospitals and Larger Medical Providers

Generally, hospitals and larger medical providers build into their pricing structure an assumption that they will not collect every dollar they bill.  Stated another way, larger providers are not always planning on getting paid in full, and a catastrophic car accident is one such circumstance. 

Smaller providers

For smaller providers, it is more difficult for them to absorb the loss financially.  By smaller I mean a solo practicing LMT or N.D. or Chiropractor.  For these providers it is difficult, but negotiating the bills on a case-by-case basis seems to work well. 

Private Health Insurance

Private health insurance typically works like a large medical provider.  But more than that, insurance companies are professional risk calculators.  They have built into their pricing models this type of situation and are aware that they may not get reimbursed for the medical bills they paid. 

Medicare/Medicaid

Unlike the payers above, the laws are more favorable to Medicare and Medicaid and in certain circumstances they will take reimbursement for bills they have paid even if it means the person who was injured gets nothing. 

2. Who has priority?

Next, I consider whether Oregon law would give priority to the injured person over anyone else to be sure they are made whole before any of the insurance companies get reimbursed.



In Oregon we have specific statutes (i.e. laws made by the legislature) that give priority of payment to the injured person.  If this fact situation arises, then so long as the prerequisites are met, the injured person can be made whole and not need to repay an insurance company that may have paid the bill. 

3. Are there any other payers?

Attorneys who know how to deal with Oregon car accident cases should know how to find additional payers in this type of situation.  Some examples are: 



• If the at-fault party was drinking, were they drinking at a bar or tavern?  If so, were they served while visibly intoxicated?  If so, then the bar or tavern may be liable for the damage. 
• Was the vehicle negligently entrusted by a person who has more money to pay bills? 
• Is there an umbrella policy?
• Was the at fault party acting on behalf of a company that may have deeper pockets?

What To Do

If you find yourself or someone you love in a situation where medical bills exceed the limits of the at-fault party, then overwhelmingly the smartest move is to call a lawyer. Let them handle the analysis and pursue every possible source of compensation, freeing you to focus on recovering from your injuries and getting your life back on track. Every case is unique, and even when the numbers look impossible, there are often creative solutions that can make a real difference. The earlier you involve an experienced attorney, the more options you’ll have.

 If this happened because of a car crash in Oregon, then certainly give Hunking Law a call at (541) 486-5464 and our attorneys are happy to apply our intellect, experience and expertise to help you get the best possible outcome in your situation.