About two years ago, my wife and I were involved in an auto accident while driving home from a birthday party. It was ruled that the crash was not our fault. The medical bills from injuries that were a result of the collision have amounted to around $1 million. Is the driver who is guilty of causing the accident supposed to be held responsible for these bills?
In Michigan, regardless of fault, each person goes to their own insurance company for medical benefits, and certain other benefits. You can sue the other driver for pain and suffering. The law may be different in your state.
Yes. His or her insurer should pay up to the policy limits, and the negligent driver is responsible for the balance. Although generally the driver lacks the means to pay very much out of his own assets. In Wisconsin there is a 3-year statute of limitations. I suggest you consult an experienced personal injury lawyer very soon. He or she can review all the facts with you, and help you get the most compensation.
The driver is responsible for the medical costs. You should be represented by a personal injury attorney. You alone will never be able to collect from the individual.
No-fault covers your bills initially, but the usual coverage is 50G per person, and you've burned through that pretty quickly. After that, your own health insurance (if you have it) should apply, and possibly if you have supplemental underinsured motorist coverage, that might kick in there somewhere. The other driver's liability policy, would apply but that does not differentiate between medical payments and other losses such as pain and suffering. Unless it is a commercial policy, they should just pay their limits and then it is up to you to use that money to pay down the medical bills. "It was ruled" that the crash was not your fault? Who made that ruling? In what context? That could change the nature of your question.
Yes, the driver will be responsible for all of your damages, assuming the driver was at fault. The damages may be reduced by any percentage of contributory negligence that may be assessed against the driver of your car. In reality, many people do not have personal assets adequate to pay a large damage claim. Therefore, the other driver's automobile insurance company will be responsible for paying the damages you and your wife suffered, up to the limits of liability coverage. If that insurance coverage is inadequate to fully compensate you and your wife, then your own automobile insurance coverage may come into play. That coverage is your uninsured motorist coverage, if the other driver had no automobile liability insurance coverage, or your underinsured motorist coverage, if the other drive had liability insurance but not enough to fully compensate you and your wife. I think you should contact a personal injury lawyer to represent you and your wife, so that you and your wife will be sure to receive all of the compensation that is due you.
Potentially, IF you were insured, under Michigan Law. See an attorney with the details as you are running out of time during which you are allowed to bring a claim.
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