Will Your Health Insurance Cover Legal Fees?
Insurance policies are a great safety net to have. Whether you’re dealing with a chronic illness or have recently been involved in a truck accident, these policies can be beneficial in the event of an emergency. However, certain issues can up that bring matters to the legal realm.
The same policies that are protecting you may be able to help you in legal circumstances. We’ll take a look at how an insurance company may handle certain situations where attorneys may need to intervene.
Health Care Coverage
In Australia, those patients who are on Medicare and rely on the public health system do not have the luxury of legal fees being part of their health coverage. Attorney fees will have to fall onto the patient and their loved ones to seek punitive damages from a responsible party in a malpractice lawsuit. Most private health insurance providers will not cover fees for a legal team in the event of a medical malpractice lawsuit against your doctor or a hospital system.
A private health insurer is a better long-term option for those Australians who can afford to get on their own health coverage. The Australian government allows those who purchase a health plan to avoid paying the Medicare levy surcharge, as these policyholders help put less pressure on the public health system. These insurance plans allow for treatment in public or private hospitals with the doctor of your choice, and for more expansive health services that are not provided under a Medicare plan.
Insurers and Legal Fees
While the health insurance marketplace may not be stacked with private insurers that cover legal fees, there are ways that some policyholders have found success in getting their insurance company to foot the costs down the line. Attorney fees can be awarded to insured parties in insurance coverage disputes if an insurer’s duty is to defend a policyholder. This also arises in the event of:
- Theory of consequential damages
- Language of insurance policy provisions
- Public policy considerations
- Specific statutory provisions
While there are various types of compensation, certain state laws in the U.S. have forced an insurance company to cover the legal fees in a health coverage dispute. These courts recognize that, without consequence, insurance companies have the incentive to breach their duties to a policyholder over legal services. State courts look to level the playing field against corporate legal teams, whether your plan is supplementary to Medicare and Medicaid, or among a litany of health maintenance organizations. This also avoids any lapse in coverage or failing to cover parts of a hospital bill, despite premiums being paid.
What About Other Forms of Insurance?
Comprehensive auto insurance policies will cover any legal costs stemming from a car or truck accident. The same goes for third-party property coverage for accident claims. With varying types of accidents, litigation may be necessary for a fair settlement to cover hospital bills, rehab for crash victims, and the replacement of a car after a motor vehicle accident. When consulting with leading truck accident attorneys in Denver, for example, these experts make it clear that acquiring all due finances in a personal injury case are paramount.
If a truck driver is at fault in a large truck crash, negotiation is key to reaching a fair compromise to cover replacement costs for tractor-trailers as well as any future medical expenses for victims. This legal guidance is also important if you’re driving the average passenger car. Settlements can be struck with the cost of a legal team taken care of by insurance in a truck accident case. It’s important to have all personal information stemming from this truck accident readily accessible to expedite the case, from medical records to crash reports.