# Who pays medical bills while a claim is pending? Canonical: https://californiapersonalinjurylaws.com/guides/medical-bills-while-waiting/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer Bills may still be due while your claim is open. Your health plan or auto policy may help pay some costs. The other side may not pay as each bill arrives. ## Hypothetical example A person uses their health plan for care. Their injury claim is still under review. ## How the rule works Health coverage and a claim against the person at fault serve different roles. A health plan may pay for care now and later seek repayment. That can affect the amount left from a settlement. ## The claim and the bill have different paths An open injury claim does not automatically pause each medical bill. Ask the provider and health plan how a bill is being handled. Keep copies of bills, payments, and letters rather than relying on one total. Medical payments coverage, often called MedPay, may help with some costs under an auto policy. It is different from a claim against the at-fault driver. Check the limits and terms of each source. If the policy names are unclear, compare [the different kinds of coverage](https://californiapersonalinjurylaws.com/guides/liability-only-injury-coverage/). Sources: [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) ## Why might someone ask for repayment? A health plan or other payer may claim a right to part of a later recovery. The rules can vary by payer and plan. Keep the notices and ask the reviewer to explain the legal basis and amount. Howell concerns the measure of medical expense damages in its setting. It does not decide every billing dispute or every repayment right. A paid bill and a claimed loss still need careful comparison. For what may be claimed as a loss, read [medical costs as damages](https://californiapersonalinjurylaws.com/guides/medical-costs/). For how repayment can affect the amount you keep, see [settlement deductions](https://californiapersonalinjurylaws.com/guides/settlement-take-home/). Sources: [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm); [Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541](https://law.justia.com/cases/california/supreme-court/2011/s179115/) ## What can change the answer Your plan may ask for some money back if you get a settlement. You may still owe copays or other costs. The terms of each plan matter. ## A useful next step Ask the care provider about billing options. Save bills and records of what each plan paid. ## Court decisions behind this answer ### Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, slip op., pp. 1–2. For the insured care at issue, a bill’s unpaid negotiated writeoff was not a loss the patient could recover. Limit: This case concerns recoverable past medical losses. It does not decide when a provider must send a bill or whether a health plan has a repayment right. Source: https://law.justia.com/cases/california/supreme-court/2011/s179115/ ## Sources - [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) - [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.) - [Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541](https://law.justia.com/cases/california/supreme-court/2011/s179115/) General information, not legal advice.