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ypwv
New Member

We were involved in car accident, not guilty, going thru treatment (PT), have medical bills, have my insurance covering my bills. can i claim expenses for the treatment?

We hired lawyer for this accident. I was taken in ambulance from the scene. Have huge bills but i had medical policy under my insurance, can i claim all expenses related to this accident?
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2 Replies

We were involved in car accident, not guilty, going thru treatment (PT), have medical bills, have my insurance covering my bills. can i claim expenses for the treatment?

The lawyer fees are not deductible on a federal tax return for a personal lawsuit.

You can only deducted the medical expenses that you paid with out of pocket funds and were not reimbursed.

JulieS
Expert Alumni

We were involved in car accident, not guilty, going thru treatment (PT), have medical bills, have my insurance covering my bills. can i claim expenses for the treatment?

Yes, you can claim your medical expenses as itemized deductions as long as you paid them and were not reimbursed for them. 

 

Whether you get a tax benefit from itemizing depends on whether your total itemized deductions are more than your standard deduction, and whether you have a tax liability to reduce by itemizing. 

 

The standard deduction is based on your filing status:

  • Single is $12,950, 
  • Married filing jointly is $25,900
  • Head of household is $19,400

To enter medical expenses:

  1. Select Federal.
  2. Select Deductions and Credits
  3. Expand the list and scroll down to Medical Expenses.
  4. Enter your expenses in the boxes on each screen. 
  5. Continue until your complete the section. 

Please note, it takes a lot of medical expenses to affect your refund because they subtract 7.5 % of your gross income from the total deduction. For example, if your income is $50,000, $3750 will be subtracted from your medical expenses. 

 

If you receive a car accident settlement, it is generally not taxable and you don't have to report it. 

  • Payments for damage to your car are not taxable.
  • Payments for medical expenses are not taxable.
  • Payments for pain and suffering are not taxable.
  • Payments for lost wages are taxable.

If a part of your settlement is for lost wages, you do need to report that part only as taxable income. 

 

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