The Short Answer: It Depends on Fault
South Carolina is an at-fault state. That means the driver who caused the crash is generally responsible for the harm, including your medical bills.1
If the at-fault driver has no insurance or not enough, your own policy may help. A lawyer can explain how this works for you.
Can My Own Car Insurance Pay Medical Bills Before the Claim Settles?
It may, depending on what your policy includes.
Check your declarations page, or ask your insurer what coverage you have and how to submit a claim. The declarations page is the summary your insurer sends when the policy starts or renews. It lists each coverage you bought and its limits.
Can I Use My Health Insurance in the Meantime?
Your health insurance may help cover treatment after a car accident, subject to your plan's terms. Ask your plan how it handles bills from a car crash.
Keep a copy of every bill and every statement your health plan sends.
If a provider calls about an unpaid bill, ask what options they offer while your claim is open. Write down who you spoke with and what they said.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What If My Medical Bills Are More Than the Other Driver's Coverage?
Your own policy may be one place to look, but it is not the only one. Check your declarations page to see what your policy includes. Learn more about how UIM coverage works.
If the driver had no insurance at all, see what happens with an uninsured driver.
Illustration only. This is not a real case or a result our firm obtained.
Example: Medical bills larger than the other driver's limit Andre is hit by a driver who runs a stop sign. His hospital stay, follow-up care and therapy add up to about $60,000. The other driver's policy may not cover all of his bills. Andre's own policy may help with part of the gap, depending on its terms, his limits and the facts of the crash.
While his claim is pending, Andre's health insurance pays for covered treatment.
What Records Should I Keep for My Medical Bills?
Good records make any claim easier to support. Try to keep:
- Every medical bill and itemized statement
- Records from each doctor, clinic and hospital visit
- Receipts for prescriptions, braces and other supplies
- Your health insurance statements
- Proof of missed work and lost pay
- Your auto policy and declarations page
- The other driver's insurance information
Keep them in one folder, paper or digital. Write down dates, mileage to appointments and how you are feeling each week.
When Is It Worth Talking to a Lawyer?
It may help to talk with a lawyer if any of these sound familiar:
- Your bills are large or still growing
- Fault is disputed
- The other driver's coverage looks low
A lawyer can look at the facts of your situation and explain your options.
South Carolina Law on This
- South Carolina is an at-fault state, meaning the driver who causes an accident can generally be held responsible for the resulting injuries and losses. It does not require personal injury protection (PIP) coverage, although optional medical payments and other no-fault coverage may be available.1
Frequently Asked Questions
Will my own insurance help with my bills?
Possibly. It comes down to which coverages you bought and the terms of your policy. Pull out your declarations page and bring it when you talk with a lawyer.
What if the driver who hit me had no insurance?
Your own policy may still help, depending on what you bought. Who pays in your situation is something a lawyer can only sort out after hearing how the crash happened.
Should I wait to get treatment until I know who will pay?
No. Get the care your doctors say you need. Questions about payment can be sorted out separately from getting care.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.
Attorney responsible for this page: Sean Hall, Sean Hall Law Firm, LLC. Office: 677 King Street, 3rd Floor, Charleston, SC 29403.
