I'm Griff Tonkin, one of the partners here at the Arthofer & Tonkin Law Offices. We specialize in personal injury cases — and today, I want to talk about a problem many of our clients run into right at the very start of their recovery: being turned away by a medical provider simply because their injury was caused by someone else's negligence.
What injured clients are being told — and why it's misleading
Here's a scenario we see all the time. Someone is injured in an accident. They need medical treatment. They go to their chosen provider, and they're told: "We can't bill health insurance for an injury case."
That statement is simply not true — and it stops a lot of people from getting the care they need.
Health insurance companies typically have lien rights against your personal injury claim. What that means in practice is this: if you're injured and you need care, you can go to a provider covered by your insurance. Your insurance pays for that care. Then, when your case settles, the insurance company gets reimbursed out of your settlement.
What's more, we almost always negotiate with those insurance lien holders to reduce what you have to pay back — which can be a significant financial benefit to you.
The difference between "can't" and "won't"
When a billing clerk tells you they can't bill insurance for an injury claim, what they should be saying is that they won't — because they absolutely can.
Some medical providers have an internal policy against billing health insurance in injury cases. One common reason: they'd prefer to treat you on a lien basis, which allows them to charge their full rate for services and be reimbursed at that full rate out of your settlement — rather than accepting the reduced rates that insurance companies negotiate.
That may be their prerogative, but it doesn't mean you're out of options. If a provider turns you away after an accident, you still have options — and there are paths forward.
Why this matters for your recovery and your case
Getting timely medical care isn't just important for your health — it's also critical to your personal injury claim. Gaps in treatment or delays in care can be used by the other side to minimize your damages or dispute the severity of your injuries.
The intersection of insurance, medicine, and the law is genuinely complex, and the advice you get at the front desk of a medical office is not always accurate or in your best interest.
Talk to an attorney before you give up
If a medical provider has refused to see you because you were involved in an injury incident, it's imperative that you speak with a skilled personal injury attorney before you assume your options are limited. Here at Arthofer & Tonkin, representation of injured people is all we do — it's what we specialize in.
We know how to navigate these situations, protect your rights, and make sure you get the care you need to get better.
Call us for a free consultation
If you've been injured through someone else's negligence and you're running into obstacles getting medical care, call us at the Arthofer & Tonkin Law Offices today. Consultations on personal injury matters are always free.
