FALSE: The at-fault driver will pay for everything including my medical treatment.
Why doesn’t the other guy pay my medical bills when they caused the wreck? Because he may be uninsured, not have enough insurance coverage and the insurance company wants to dispute everything they can. If an insurance company can show your medical bills were unrelated to the injuries sustained in the car wreck, excessively high or for an unreasonable amount, they won’t pay them, and they don’t legally owe them. The job of an insurance company, writing automobile insurance policies, is to make money and protect their insured, the at-fault driver. They can advertise what they want but honestly, settling your personal injury claim has not thing to do with what they believe is a fair settlement.
Note: Note: This page is part of a series. You may want to read the previous pages to enable you to follow along:
- How to get your car repaired after a wreck
- Leave the car or tow it after a wreck?
- Seek medical treatment after a wreck
Getting Your Medical Bills Covered After an Accident
Kentucky is a no-fault state which means: for injury claims that arise from a car accident in Kentucky, the vehicle you are in, when the car wreck happens, is responsible for the first $10,000 of your medical bills. That’s the no-fault part of the State. The idea being that you should not have to prove fault to get the medical treatment you need.
Most people thinkthat the person who caused the car accident is responsible for paying my medical bills and that they should not have to involve their car insurance. But that’s not true.
The at-fault driver may not have enough insurance to pay your medical bills; much less your claim for pain and suffering. Also, even if there is plenty of insurance, the insurance company for the at-fault driver will not pay your medical bills until they can make one lump sum payment.
Liability carriers are the insurance companies for the at-fault driver. As a liability carrier, they want don’t want to agree pay for a month of your chiropractic treatment only to discover that you now need surgery! They want to pay your injury claim in its entirety, at one time, and obtain a release wherein they will owe you nothing else in the future; not matter how much your future medical treatment may be.
So, the question becomes, as your personal injury attorney, “how am I going to get your medical bills paid before I settle your injury claim? After all, if I settle your injury claim without considering all your medical treatment, at the very least, you did not recover the full value of your injury claim.
The easy answer is that I am going to use your health insurance, and your no-fault insurance to get your bills paid. Correct, even though you were not at fault in causing the car accident, I am going to use your car insurance, and health insurance to get your medical bills paid. Why? Because the best personal injury lawyers understand it is not just how much I recover on your behalf but rather, equally important, is how much I keep medical bills from reducing that recovery, i.e., your net personal injury settlement.
If you will use the below link, you will see that it will take you to a page with several sections about how the option of utilizing PIP coverage, can increase your personal injury settlement and provide you the means of paying for out of pocket expenses under your no-fault coverage.
Of course, the next question I always hear is, “Will using my car insurance make my rates go up?” The easy answer is that there is a law that says an insurance company can’t raise your rates if you were not at-fault for the car wreck. So, it’s okay to use your no-fault insurance in getting your medical bills paid.
Click here to continue to the next page in the series.