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Can Insurance Companies Lower Your Injury Claim If You Do Not Have Health Insurance?

A plaintiff in a car accident who does not have medical insurance should submit evidence of the full amount billed by the medical providers. The legal measure of medical damages is the LESSER of (i) amount paid or incurred for medical expenses OR (ii) reasonable value of those services. Thus, in a car accident case where a party does not have medical insurance, the focus of the medical damages recoverable will be the reasonable value of the medical services provided and related to the accident. This is typically established by expert testimony. Bermudez v. Ciolek (2015) 237 CA4th 1311, 1330, 1335, 1337, 188 CR3d 820, 835, 839, 841-842.

If you have been injured in a car accident, call Morales Law today for a free consultation (805) 845-5405.