Personal Injury

How to get the appropriate medical care after a car accident

By Ted Smith, Attorney · Originally published September 13, 2018. Updated July 16, 2026.

You have been in a car accident and you have injuries that need medical attention. Before you even think about a claim, the first question is simple: how do you actually get treated, and who pays for it?

The answer depends heavily on what insurance you have. Here is how it generally works in Texas.

Do you have health insurance?

If you have health insurance, do not assume it must always be billed first after a car accident. Billing priority depends on the plan, available auto coverage, provider practices, and applicable law. For example, Medicare generally treats liability and no-fault coverage as primary for accident-related claims.

Billing consequences can also vary with provider contracts, plan terms, and payer practices. Ask the provider and each relevant insurer which coverage should be billed first, what rates or balances may apply, and what documentation they need.

Understanding med pay and PIP

Separate from your health insurance, your own auto policy may include medical payments coverage or personal injury protection (PIP), both of which can help pay medical bills regardless of who caused the accident. Under Texas law, PIP coverage is included on every auto policy unless you decline it in writing, and it can cover not just medical bills but a portion of lost income. Medical payments coverage is similar but does not cover lost wages. The Texas Department of Insurance’s auto insurance guide explains both coverages in detail, and it is worth pulling out your own declarations page to see what you carry.

Texas also requires drivers to carry minimum liability coverage, and TexasLawHelp.org’s guide to auto insurance coverage breaks down what those minimums actually cover if the other driver is at fault.

What if you do not have health insurance?

This is the harder situation. Under EMTALA, qualifying Medicare-participating hospital emergency departments must provide an appropriate medical screening examination and stabilizing treatment for an emergency medical condition regardless of insurance status. That protection does not guarantee unlimited ongoing care. Outpatient treatment depends on medical need, provider availability, and payment arrangements.

If this is your situation, tell your attorney early. Part of the job in a personal injury case is helping clients find a path to appropriate care even when insurance coverage is limited or absent.

Why consistent treatment matters

Beyond getting better, showing up for follow-up appointments and finishing the treatment your doctor recommends creates the medical record that supports a claim later. Gaps in treatment, whether from cost, transportation, or simply feeling too busy to go back, can make it harder to connect ongoing pain to the original accident. Keep copies of discharge paperwork, prescriptions, and any work notes your doctor gives you. If you are a Fort Hood service member or military family member, military-payer coordination is case-specific. The VA may assert reimbursement or subrogation rights for qualifying accident-related care, so confirm the billing and reimbursement rules with VA or TRICARE.

What a personal injury attorney can do

An experienced personal injury attorney can help you understand what coverage you actually have, make sure a provider is billing the right payor first, and help make sure your medical bills get resolved fairly out of any eventual settlement. This does not replace medical advice, but it can prevent the kind of billing mistakes that cost injured people money and time.

FAQ

Should I go to the ER even if I am not sure how bad my injuries are? If you have any concern about your injuries, seek medical evaluation. Delayed treatment can both worsen a real injury and make it harder to connect your injuries to the accident later.

Can a hospital bill the other driver’s insurance instead of mine? It can happen. The consequences vary by provider contracts, plan terms, and payer practices, so ask your provider and insurers which payor should be billed and what rates or balances may apply.

What is the difference between med pay and PIP? Both pay medical bills after a car accident regardless of fault. PIP is required on Texas auto policies unless declined in writing and can also cover a portion of lost wages; medical payments coverage typically does not.

What if the other driver has no insurance? Uninsured/underinsured motorist coverage, if you carry it, can help fill that gap. Review your own policy or ask your attorney to help you understand what applies.

Do I have a deadline to get medical treatment or file a claim? Texas law generally gives injury victims two years from the date of the accident to file a personal injury lawsuit. Getting treatment promptly also helps establish a clear medical record tied to the accident.

Sources

We can help sort out the insurance maze

Ted Smith is a former Army JAG officer who served at Fort Hood, and our team has helped injured Central Texans navigate insurance and medical billing for over 50 years. If you are trying to figure out who should be paying your medical bills after a crash, our personal injury team can help. Call or text (254) 690-5688 for a free consultation.