QUESTION
Am I liable to pay for medical bills incurred from a car accident?
Asked on Oct 24th, 2011 on Personal Injury - Colorado
More details to this question:
I got involved in a car accident yesterday. I was crossing an intersection and then the car in front of me suddenly stopped. I hit the car’s rear end. The police said that I was at fault because I could have kept a fair distance from the front vehicle. Here are the facts of the case: 1) My car insurance expired last month 2) The woman in the other vehicle don’t have health nor car insurance 3) She was driving her brother’s car 4) She went to the ER and incurred some medical bills. I am aware of my liability for the car but do I need to pay for all her medical bills. What further action can I do?
18 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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In Indiana, cases such as this are governed by the Comparative Fault Act which requires that the fault of all involved parties be compared. You would only be liable for whatever percentage of fault is assigned to you. That percentage of her medical bills (any and all medical bills incurred because of the accident) would be your liability.
Answered on Feb 20th, 2012 at 3:53 PM
Yes you're liable for your medical care. Ultimately the other guy who was at fault may be liable to pay them but initially you are the one who must pay them. If your auto insurance was in effect then report this accident to your company and file a claim under your own medical pay coverage section of the policy.
Answered on Oct 31st, 2011 at 1:27 PM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Yes, you are responsible for the medical bills.
Answered on Oct 27th, 2011 at 2:43 AM
Assault Attorney serving Richardson, TX
2 Awards
You are responsible for injuries you cause.
Answered on Oct 26th, 2011 at 2:56 PM
1 Award
If the lady stopped suddenly, you may have a defense. Unavoidable accident and such other defenses may lessen your liability. Texas has what is called "comparative negligence" whereby each party's negligence is measured by a percentage, and those liable for more than 50% will pay that percentage of damages attributable to them.
Answered on Oct 26th, 2011 at 2:31 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, legally you are obligated for paying the damages caused by your negligence. If you do not voluntarily pay the other party's damages, then he/she may decide to take legal action to have you pay for her damages. However, you mentioned that the other party did not have insurance on her own vehicle or the vehicle that she was operating. If this is the case, then Louisiana law provides under its "No Pay, No Play" law that if the other person cannot recover for the first $15,000 for property damage or the first $15,000 for bodily injury/medical expenses.
Answered on Oct 26th, 2011 at 12:08 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Because she is not insured either, she cannot recover for pain and suffering. You may be liable for her medical bills.
Answered on Oct 25th, 2011 at 11:55 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You may be liable, yes.
Answered on Oct 25th, 2011 at 11:11 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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You have several issues that you need to be aware of. Driving without insurance will likely result in suspension of your license. As to your responsibility for the medical bills, since it sounds like you were negligent, if the medical care that the person you hit was reasonable and necessary to treat injuries caused by the collision you may be held responsible to pay the bills. If she pursues a claim through an attorney you would be responsible for the medical bills. You may want to consult with an attorney and make arrangements to pay the medical bills if they are reasonable and you can afford to pay them without facing a lawsuit.
Answered on Oct 25th, 2011 at 8:56 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You are only responsible, if you are found at fault in causing the accident, for the 20% of her bills that her PIP insurance would not have paid if she would have had PIP.
Answered on Oct 25th, 2011 at 3:30 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Yes of you did not have insurance at that time.
Answered on Oct 25th, 2011 at 3:15 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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You do not have to pay anything. You can wait for her to sue you. If she does not sue you there is no problem.
Answered on Oct 25th, 2011 at 3:04 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, you've got problems. You are on the hook for the reasons stated by the police. You are supposed to have insurance, but so is she. She would be able to file a claim with the Motor Vehicle Accident Indemnity Corporation and if she gets legal advice, perhaps she will do so. If she sues you, you will have to pay. This may put you into bankruptcy, but that also depends on other factors.
Answered on Oct 25th, 2011 at 2:49 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Without insurance, neither of you have the protection of the no fault laws. She could simply sue you for negligence.
Answered on Oct 25th, 2011 at 2:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are obligated to pay all damages caused by you, personal injury (includes medical bills but also pain and suffering) and property damage. I would suggest you be very nice to the injured party and offer to pay her bills. Maybe she wont expect anything else and maybe she wont go to a lawyer.
Answered on Oct 25th, 2011 at 2:34 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The auto insurance company for the car the other person was in should pay that person's bills under the no-fault law. That insurance can then try to go after you to recoup the money.
Answered on Oct 25th, 2011 at 2:30 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Of course you are responsible for her medical bills. Always buy maximum uninsured motorist coverage because there are too many people like you driving out there.
Answered on Oct 25th, 2011 at 2:29 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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If you are at fault for the accident, then you are liable for all the damages caused by the accident - including the medical bills for care given to the other driver for all her injuries including future medical expenses.
Answered on Oct 25th, 2011 at 1:51 PM