When The Available Insurance is Less Than Your Medical Bills, An Interpleader May be Required

What happens when the medical bills exceed the insurance funds available? If the medical providers are not willing to reduce their medical liens, then a legal proceeding, called an Interpleader is required. An Interpleader is a type of lawsuit. This lawsuit happens when the medical bills are higher than the available insurance. 

For example, let’s say Susie Singh has been involved in a serious auto accident. Susie is taken via ambulance to the hospital. Susie’s employer does not offer health insurance, therefore Susie does not have health insurance to cover the costs of the ambulance and hospital bills.


Susie’s ambulance and hospital bills are $16,000. The at fault driver has the minimum car insurance limits of $15,000. Susie also did not know about insuring herself, through UIM (underinsured/uninsured motorist coverage). So, the only available insurance is the at fault driver’s insurance of $15,000. 


In this example, the at fault driver’s insurance company accepts that its driver was responsible for the accident and agrees to pay its $15,000 policy limits. Susie’s medical bills are higher than the policy limits and the ambulance and hospital refuse to reduce their bills given Susie’s situation.  


The only option available to Susie’s Las Vegas personal injury lawyer, is to file a lawsuit, the Interpleader, asking the Court to resolve the parties’ disputes concerning the insurance funds. Susie’s personal injury lawyer will make every effort to avoid an Interpleader, since Susie will be responsible for the difference in the amount the Court awards to the medical providers and the actual amount of the bills. However, the amount will be reduced by the Court award, making the bills much less. In the vast majority of car accident cases, an Interpleader is not required and Susie’s personal injury attorney will be successful in resolving medical bills without the need to file an Interpleader lawsuit.


Next time we will discuss car repair estimates in Las Vegas car accident cases.

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