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Getting Treatment After An Injury When You Cannot Pay Up Front

Letters of protection, health insurance, PIP and MedPay — the four ways injured Texans get treated now and settle the bills later, and the trade-offs of each.

You were hurt, you need care, and the person who hurt you is not going to pay the bill this week. Meanwhile the ER wants a card, the orthopedist wants a referral, and you are not sure your insurance covers any of it. This is one of the most common questions we hear, and there are real answers.

First: Get Treated

Delaying care to save money is the most expensive decision an injured person can make. Medically, untreated injuries get worse. Legally, every week between the injury and your first visit is a week the insurer will use to argue you were not hurt. Get seen, then sort out payment using the options below.

Four Ways To Pay For Care Before The Case Resolves

1. Your Health Insurance

If you have health coverage — through work, the marketplace, Medicare or Medicaid — use it. Some providers resist billing health insurance for accident injuries because they hope to collect more from the eventual settlement. You are entitled to insist. Be aware that most health plans have a right of reimbursement (“subrogation”) from your recovery for what they paid; your lawyer will handle that at the end, and often negotiates it down.

2. Personal Injury Protection (PIP) And MedPay

Texas auto insurers must offer PIP coverage, and many drivers carry it without realizing it. PIP pays your medical bills and a portion of lost wages after a crash regardless of who was at fault, typically $2,500, or more if you purchased higher limits. MedPay is similar, without the wage component. Check your declarations page, or have us check it for you. Using PIP does not raise your rates for a crash you did not cause.

3. Letters Of Protection

A letter of protection (LOP) is a written promise from your lawyer to a medical provider that the provider’s bill will be paid from the settlement or verdict. In exchange, the provider treats you now and waits. Many Houston-area physicians, imaging centers, physical therapists and surgeons accept LOPs from established firms.

LOPs have trade-offs. The provider is taking on risk, and bills under an LOP are sometimes higher than insurance-negotiated rates; insurers may challenge them as unreasonable. A good firm uses LOPs with reputable providers and negotiates those balances down at settlement. Used carefully, an LOP is the difference between a surgery now and no surgery at all.

4. Hospital Financial Assistance And Payment Plans

Texas non-profit hospitals are required to maintain charity-care policies. If your income qualifies, a large portion of an ER bill can be reduced or forgiven. Ask the billing office for the financial assistance application — it is rarely offered unless you ask.

A Word About Hospital Liens

Under Texas law, a hospital that treats you within 72 hours of an accident can file a lien against your injury claim for its charges. It is not a lien on your house or your wages; it attaches to the recovery. Your lawyer addresses it at settlement, and the statute limits what the hospital can claim.

What About The Other Driver’s Insurance?

Third-party liability insurers do not pay medical bills as they come in. They pay once — at the end — in exchange for a release of all claims. That is why the options above matter: they bridge the gap between being hurt and being compensated.

Keep Every Bill

Medical expenses are a core component of your damages, and in Texas the recoverable amount is generally limited to what was actually paid or is still owed. Keep every statement, explanation of benefits and receipt, including mileage to appointments and prescriptions. Your file is your claim.

Need treatment and not sure how to pay?

Call us. We will check your coverage, explain your options and, if appropriate, connect you with providers who will treat you now. Free consultation.

713-800-0946

Key Takeaways

  • Do not delay treatment; use health insurance, PIP/MedPay, a letter of protection, or hospital assistance.
  • PIP pays regardless of fault and does not raise your rates for a crash you did not cause.
  • Liens and reimbursement claims are handled — and often reduced — at settlement.
About The Author

The Plummer Law Firm, PLLC

Articles are prepared by the firm’s legal team and reflect Texas law at the time of writing. They are general information, not legal advice about your case.

About The Firm
This article is general information about Texas law, current as of its publication date, and is not legal advice. Every case depends on its own facts. Reading this article does not create an attorney-client relationship with The Plummer Law Firm, PLLC.

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