Conflict over Coverage for Medical Treatment in Personal Injury Cases

For most individuals injured in an automobile accident, the last thing they want to think about is which insurance company or governmental agency bears the responsibility of covering the medical bills stemming from the personal injury sustained in such an accident. Most victims of negligent driving by other motorists on the road, whether in New Mexico or other states in the country, focus on what they need to do to obtain responsive treatment for medical problems and to ensure they can either perform their job or secure the transportation – if their car is damaged – to get to their place of employment. Along with the mental shock and emotional distress caused by involvement in a multi-vehicle accident, these concerns often constitute the dominant agenda items for people in the wake of such incidents.


In addition, the question of what insurance coverage or other source should pay for one’s medical treatment is not always as clear cut as it should be. Generally speaking, the liability insurance (“third party insurance”) of the party causing the accident should provide coverage for medical damages of the injured party or parties. Some injured parties who have reached age 65, however, may want Medicare to cover their bills. Some parties utilize their own Medical Payments coverage to cover their own bills.  And sometimes the party who caused the accident to occur does not have sufficient insurance coverage in their insurance policy to cover the entire cost of the medical bills incurred by certain patients. In such event, it may be necessary to find out whether there exists a policy for uninsured/underinsured motorist coverage which can take care of that uncovered amount.


By securing a personal injury attorney who can begin the process of establishing which sources will provide coverage, the injured accident victim can maintain their own personal emphasis on their health needs and the challenges they face in trying to work and provide for their families. It is frequent that hospitals in New Mexico and in other states opt for having medical claims of those involved in such injuries be paid by third party liability coverage – as opposed to one’s own health insurance, Medicare or Medicaid – because they can collect close to 100 cents on the dollar for every dollar charged to the patient through such coverage. The other sources, even high-premium health insurance or Medicare Advantage – a supplement to regular Medicare – will not be required to pay one hundred percent of many hospital bills. Accordingly, it is essential to have an advocate that can determine one’s options in a particular situation and take what measures are necessary to procure the maximum compensation available under all of the circumstances relevant to one’s case.            


The lawyers at Giddens & Gatton Law, P.C. represent injured individuals in personal injury suits in New Mexico. Giddens & Gatton Law, P.C. is located at 10400 Academy Road N.E., Suite 350 in Albuquerque, New Mexico. Call the office at (505) 633-6298 to set up an appointment or visit the firm’s website at for more information

No Comments

Leave a comment
Comment Information
  • Best Lawyers | Best Law Firms | U.S.News | 2018
  • 2019 | Family Friendly Business
  • 2019 | Family Friendly Business 2020
  • BBB | Accredited Business | BBB Rating: A+
  • Martindale-Hubbell | Peer Rated | For Ethical Standards and Legal Ability | 2019
  • Martindale-Hubbell | AV Preeminent | Peer Rated for Highest Level of Professional Excellence| 2019
  • Rated By Super Lawyers | George Giddens, Jr. |
  • Rated By Super Lawyers | Christopher M. Gatton |
  • Avvo Rating | 8.9 Excellent | Featured Attorney Bankruptcy
Review Us

Office Location:
10400 Academy Road NE
Suite 350
Albuquerque, NM 87111

Phone: 505-273-3720
Fax: 505-271-4848
Map & Directions

Phone Numbers: