While an injury claim is open, your medical bills are usually paid by your own coverage: med pay if your auto policy includes it, then your health insurance or Medicaid, or workers' compensation if you were hurt at work. The at-fault driver's insurer pays your medical expenses as part of the liability claim. And the people who paid your bills or treated you may have a right to be repaid from that recovery. This page explains each source and how they fit together. It is part of the Compare section of our Montana Injury Claim Guide.
Where the Money Comes From
| Source | What it pays | Repaid from a recovery? |
|---|---|---|
| Med pay on your own auto policy | Your medical expenses after a crash, regardless of fault, up to the limit you bought. | Your insurer may seek reimbursement under the policy's terms. |
| Your health insurance | Covered treatment under the plan's terms, as it would for any injury. | Depends on the plan. Ask before you settle. |
| Medicaid | Covered treatment for an eligible recipient. | A lien on a recovery, limited to the part that represents medical expenses (MCA § 53-2-612). |
| Workers' compensation | Medical benefits for a work injury, without regard to fault. | The comp insurer's subrogation right is a first lien on a third-party recovery (MCA § 39-71-414). |
| The provider who treated you | Nothing up front if unpaid; it can wait for the claim. | A lien on the claim and settlement money once it gives written notice (MCA §§ 71-3-1114, 71-3-1115). |
| The at-fault driver's liability insurer | Your medical expenses as part of the liability claim. | This is the money the others are repaid from. |
Your Own Coverage Comes First
Med pay. Medical payments coverage on your auto policy pays medical expenses after a crash regardless of fault, up to the limit you chose. Montana law lists it among the additional coverages a motor vehicle policy may include (MCA § 33-23-204), so whether you have it depends on what you bought. It usually covers medical expenses only, not lost wages. Our article on how Montana's med pay coverage works goes through it in detail.
Health insurance. Your health plan pays covered treatment under its terms. Give every provider your insurance information, even when another driver caused the crash, so bills are submitted rather than left to sit. Some plans claim a right to be repaid from an injury settlement; the plan documents say whether yours does.
Workers' compensation. If you were hurt while working, the comp system provides medical benefits without regard to fault (MCA § 39-71-105). Report the injury to your employer or its insurer within 30 days (MCA § 39-71-603). See workers' comp or a third-party claim.
The At-Fault Driver's Insurer
The other driver's liability insurer owes your medical expenses as part of what its insured is liable for, along with your other losses. But it is not your health plan. A liability claim is about fault and the full value of what you lost, and it is usually resolved as a whole, in exchange for a release. Whether that insurer must pay any medical expenses before the whole claim is resolved can depend on the facts, including how clear fault is. That is a question to raise early with whoever is handling your claim.
If the other driver had no insurance or too little, your own uninsured or underinsured motorist coverage may be the next source. See uninsured and underinsured motorist claims.
Liens: Who Expects to Be Repaid
Treating providers. Montana gives hospitals, physicians, nurses, physical therapists, chiropractors, ambulance services, and the other providers listed in the statute a lien for the value of their services when they treat a person injured through the fault or neglect of another. The lien reaches the claim, any judgment, and money paid in settlement, once the provider gives the required notice (MCA § 71-3-1114). The notice must be served in writing on you and on the insurer, stating the services, when they were provided, their value, and that a lien is claimed (MCA § 71-3-1115). An attorney's lien has priority over a provider's lien.
Medicaid. If Medicaid paid for your care, the department has a lien on money paid by a third party or its insurer in settlement or judgment, to the extent it paid for the same injury and the money represents medical expenses. Reasonable attorney fees and costs come out first, and the department's share is reduced by a pro rata share of them. Your right to recover cannot be reduced because Medicaid paid your bills. A recipient who asserts a claim must notify the department by certified letter within 30 days, with a copy to the third party or its insurer (MCA § 53-2-612).
Other repayment rights. Med pay carriers, health plans, the comp insurer (MCA § 39-71-414), and other government programs may each claim repayment under their own terms. Ask each one for its position in writing before you settle, because what is left after repayment is what you actually receive. Our page on what affects the value of an injury claim explains why.
What to Do While the Claim Is Open
- Give every provider your health insurance information, and tell them about the claim.
- Find your auto policy's declarations page and check for med pay, UM, and UIM.
- Keep every bill, every explanation of benefits, and every letter from an insurer, provider, or collection agency.
- Do not ignore a collection letter. Call the provider, explain that a claim is pending, and ask what they need.
- If you are on Medicaid, make sure the 30-day notice in MCA § 53-2-612 is sent when a claim is made.
- Do not settle until you know who claims repayment and how much.
Next: How Med Pay Works
Med pay is the coverage most people have and never use. Our article on how Montana's med pay coverage works explains what it pays, what it does not, and the reimbursement question. If the bills are bigger than every source above, read whether you need a lawyer for an injury claim.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your situation, and the terms of your own policies and plans control much of how these payments work.