QUESTION
Does the other party's insurance have to pay for my bills in an accident? How?
Asked on Apr 21st, 2015 on Personal Injury - Utah
More details to this question:
I was recently in an auto accident. Is the insurance company of the other party, whose fault the accident was, responsible for my medical bills? What can an attorney do to help with the other party's insurance company?
19 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Unfortunately, no, the liability carrier does not have to automatically pay for your medical expenses. Generally, they will not do so until you are ready to settle your claim. An attorney can help walk you through this process.
Answered on Apr 29th, 2015 at 1:22 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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For those that try to represent themselves, the insurance company will certainly take advantage of your inexperience. They will degrade the medical care and certainly the medical bills and claim they are excessive and/or that you over-treated. Personal injury lawyers are well versed in these insurance tactics and generally speaking can help you recover enough so that you do not come out of pocket for medical expenses, depending on the amount of the bills and the size of the other driver's insurance policy. If the policy is not enough to cover the expenses and your pain & suffering damages, then your own policy can fill in the gap so long as your policy of insurance has Underinsured Motorist (UIM) coverage that exceeds the value of the other driver's policy (e.g. if the other driver's policy is $15,000 and yours is $50,000, then you can recover the difference on your policy of 50-15 = $35,000). If the other driver's policy is $25,000 and yours is only $15,000 for UIM, then your UIM is worthless because it does not exceed the other driver's. The insurance company will also try to get you to accept very little, if anything, for your pain and suffering. A lawyer will do his or her best to get you the most for your pain and suffering. The lawyer gets paid by receiving a percentage of the overall recovery. A reputable lawyer will ensure that he or she does not receive more than the client.
Answered on Apr 22nd, 2015 at 9:58 PM
The party who is at fault is liable for your medical bills, lost wages, property damage, bodily injury, etc; their insurance company has a contract with them to pay up to the policy limits the damages they cause. Normally, they settle the property damage separately and then try to settle all the other damages in one lump sum. They will not pay the medical bills first without also settling your other claims. A lawyer can often get the insurance company to pay faster and more money, but you do not give us any details to know if you do need an attorney. Talking to one in this type of case is free.
Answered on Apr 21st, 2015 at 7:46 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I believe that I answered this yesterday.
Answered on Apr 21st, 2015 at 7:07 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes , they are responsible to pay you for your medical bills, any lost wages and pain and suffering. An attorney can confirm you're being paid what a jury would pay you.
Answered on Apr 21st, 2015 at 7:07 PM
James Eugene Hasser
The other party does not have to and will not pay for your medical bills as you go along. They may eventually pay you, but they will be looking for a legal release of liability. You can't do that until you've healed up or at least have gotten to the point where you are not getting any better. It's at that point in time, (called maximum medical improvement, or MMI), the doctors and lawyers are in a better position to predict the future as to treatment and disability and their costs. An experienced injury lawyer will probably tell you to get your medical insurance to pay for your medical bills and to use your med pay car insurance benefits to pay for co-pays and deductibles. In such an instance, both your medical insurance carrier and car carrier will want their money back. This is called subrogation. It is a right that they have in their insurance policies. An experienced injury lawyer will be able to deal with them on their subrogation interests and in some instances, may be able to get them to waive their rights to get their money back. If you have a serious injury with the possibility of permanent disability, you probably should get an experienced personal injury lawyer to help you maneuver the system.
Answered on Apr 21st, 2015 at 5:35 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, in the fact situation you described in your statement, the car insurance of the person that caused the accident should pay for your medical bills. You may also be able to get financial compensation for your lost wages, pain and injuries caused by the car accident. Contact me and I will be happy to give you a free consultation to discuss your case.
Answered on Apr 21st, 2015 at 5:32 PM
Business/ Commercial Attorney serving Redmond, WA
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Brooks Law Firm
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The other driver's insurance is ultimately responsible to pay you back for medical incurred as long as that medical is reasonable and necessary. They are not, however, responsible to pay it right now or as it is incurred. In fact, their real responsibilities go to protecting the other driver. That means if they can get away with not paying it to you, they will. They will delay and deny hoping the statute of limitations will run, or that you will give up. Thus, since they are not obligated to protect your interests, the safest thing to do is to hire a lawyer so that you will have someone protecting your interest. A lawyer can help you by helping you find doctors that will treat you regardless of the insurance situation. Additionally, there a possible legal obligations that may be owed regarding medical that may be paid by your insurance or owed to hospital or providers who can file liens. The only way to make sure you don't get sued after you get paid by the insurance company is to have someone that can guide you through this process and protect as you go, and that person is a lawyer.
Answered on Apr 21st, 2015 at 5:31 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan is a No Fault state, which means your own motor vehicle insurer would pay Personal Injury Protection (PIP) benefits. Same consist of 85% of any Lost Wage (up to a statutory or purchased coverage maximum); related Medical Expenses (perhaps less a deductible or 2ndary coverage - depending on the coverage you opted for when you bought the policy); and Replacement Services (up to $20 per day). It is unlikely you need an attorney to secure your PIP benefits from your own insurer, but you must be willing to fill out the Application for Benefits (AFB - and required within 1 year of the crash); collect the medical bills, collect any wage loss information, collect any replacement service info. and send such proofs to the insurer. If you don't wish to handle the paperwork, you would need an attorney. If the insurer refused to pay, you would need an attorney. The other parties insurer would have responsibility to pay mini-tort damages to cover your collision deductible, if any; and 3rd party tort damages if you meet the threshold requirements of the Michigan statute. It is more likely you would need an attorney to pursue the 3rd party claims, but it would depend on a number of factors, such as the policy limits, the liability facts, the damage facts, whether proximate cause is clear, etc.
Answered on Apr 21st, 2015 at 5:25 PM
Edwin K. Niles
Yes, and to answer your second question, you are also entitled to payment for pain and suffering, loss of earnings, etc. An unbiased study a few years ago showed that claimants were better off, even after fees, with a lawyer than without. This says something about how insurance companies handle such claims, I guess.
Answered on Apr 21st, 2015 at 5:23 PM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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Hello and thank you for choosing LawQA. The other party's insurance will be liable for your medical bills, property damage to your vehicle, and pain & suffering damages. Generally, your own insurance will take care of the first $10,000.00 in medical bills (called basic reparation or PIP benefits) and will then be reimbursed from the at-fault driver's insurance. A trained attorney, such as myself, can help you maximize your claim to get all the money the insurance company is supposed to pay you. One important aspect of this is telling your doctor everything (including how the car wreck has changed every day living and made certain tasks more difficult. I can also review Kentucky caselaw regarding similar accidents to determine what a jury might award if your case goes to trial. The insurance Research Council determined that people in car wrecks who were represented by an attorney received almost 350% more money for the same injuries as though who didn't have an attorney (even after the attorney's fees were paid). I hope this has helped.
Answered on Apr 21st, 2015 at 5:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are in Michigan it is your insurance company which covers your medical bills. I would suggest that you confer with an attorney immediately.
Answered on Apr 21st, 2015 at 3:15 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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Typically, the party at fault pays all damages - but only after an adjudication of fault. During a contested matter, your insurance company would pay your medical bills, and then have lien on your lawsuit against any recovery up to and including the amount they paid in medical bills on your behalf. Only in the event of settlement or judgment does the other party's insurer pay your bills. Absent extraordinary circumstances beyond my ability to hypothesize, they would never pay them directly.
Answered on Apr 21st, 2015 at 3:13 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally the party is responsible for paying the victim's medical bills. But people often deny being at fault, and then you have to negotiate with them. Or...have your own insurance company negotiate with the other party's company, at least at first. A lawyer's involvement often makes the total amount recovered higher, but there is no guaranty. Still, if this is a matter that could end up in court, you would be well advised to retain a personal injury lawyer. Good Luck.
Answered on Apr 21st, 2015 at 3:04 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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NO! YOUR insurance company pays YOUR bills. That's what you have insurance for. That's why they call it "No-Fault" Make sure you fill out and submit all the necessary paperwork ASAP.
Answered on Apr 21st, 2015 at 3:03 PM
Thomas Edward Gates
Yes, they are responsible for any medical expenses. You should retain a personal injury attorney to handle your case. They work on a contingency bases and, thus, only get paid if there is a settlement or judgment. No cost to you.
Answered on Apr 21st, 2015 at 3:03 PM
Ronald A. Steinberg
Under Michigan law, YOU go to your own insurance company to pay property damage to your car, your medical expenses, your lost wages, your household replacement services, your mileage to and from the doctor, etc. You can sue the other party if you can prove that you suffered a serious impairment of body function, or a serious permanent disfigurement, or death.
Answered on Apr 21st, 2015 at 3:03 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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An attorney can help to maximize what you can get out of a settlement, and can generally help you to get more than you would have gotten on your own.
Answered on Apr 21st, 2015 at 2:58 PM
Sex Crime Attorney serving Salt Lake City, UT
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Jefferson and Biggs
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Insurance law is complicated and therefore you often get the run around with insurance companies. An attorney can streamline this process and help you get compensation for your injury. I strongly suggest you retain one. Or at least consult one to find out your options.
Answered on Apr 21st, 2015 at 2:47 PM