Am I liable to pay for medical bills incurred from a car accident? 27 Answers as of February 20, 2012

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?

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
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.
Answer Applies to: Iowa
Replied: 10/31/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Yes, you are responsible for the medical bills.
Answer Applies to: Washington
Replied: 10/27/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
You are responsible for injuries you cause.
Answer Applies to: Texas
Replied: 10/26/2011
Aaronson Law Firm
Aaronson Law Firm | Michael Aaronson
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.
Answer Applies to: Texas
Replied: 10/26/2011
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
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.
Answer Applies to: Louisiana
Replied: 10/26/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
Because she is not insured either, she cannot recover for pain and suffering. You may be liable for her medical bills.
Answer Applies to: California
Replied: 10/25/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You may be liable, yes.
Answer Applies to: New York
Replied: 10/25/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Unfortunately for you, you can be held liable for medical expenses but there is nothing automatic about it. If the other driver files a lawsuit against you, you will have the opportunity to defend yourself if you believe that you were not at fault. You can also challenge the reasonableness or necessity of the medical expenses if you doubt that she was really injured. If a jury finds that you were at fault and that the medical expenses were reasonable and necessary and caused by the accident, the judge will enter a judgment against you and you will have to pay it. It is unfortunate that your insurance lapsed.
Answer Applies to: Florida
Replied: 2/17/2012
Mishkind Law Firm, Co., L.P.A.
Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
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.
Answer Applies to: Ohio
Replied: 10/25/2011
Buff & Chronister
Buff & Chronister | G. Scott Buff
You can be held liable for any damages resulting from a vehicle wreck that is your fault including damage to property and injuries to the body of another. A claim for bodily injuries would include reasonable medical expenses incurred as result of accident related injuries.
Answer Applies to: Georgia
Replied: 10/25/2011
    Law Offices of Minh C. Wai, P.C.
    Law Offices of Minh C. Wai, P.C. | Minh C. Wai
    If you are negligent in bringing about an accident, then you are potentially responsible for all harm done including property damage, medical expenses, pain and suffering, and other components of damages. Lack of insurance does not absolve you of responsibility as insurance is simply a method by which the damages could be paid. Sometimes the filing of bankruptcy could discharge the debts from accidents. You should consult with a bankruptcy lawyer to further determine your rights
    Answer Applies to: Indiana
    Replied: 10/25/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    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.
    Answer Applies to: Florida
    Replied: 10/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You are liable for her injuries if you agree that you are at fault for the accident.
    Answer Applies to: California
    Replied: 10/25/2011
    The Margolis Firm
    The Margolis Firm | Charles J. Candiano
    I honestly wish that I had better news for you. It does appear that you were the at-fault driver. As such, you are responsible for all property damage and / or physical injury which resulted from the accident, including pain-and-suffering. Both drivers will get a ticket for failure to have valid insurance coverage. In addition, this will trigger an administrative hearing to confirm liability and to identify the amount of that liability. If you have not settled with the other party by the time of that hearing, your driver's license will be revoked until you do pay for the property damage, the medical care, and some amount for pain-and-suffering, if sought by the woman who you rear-ended. You're in a bad situation because the best way for you to address the no insurance ticket is to purchase a policy of insurance and show current proof of insurance to the court at which time the ticket will almost certainly be dismissed. Unfortunately, the fact that you had an accident while you were uninsured is going to make your insurance extremely expensive.
    Answer Applies to: Illinois
    Replied: 10/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You will be responsible for her bills unless her brother's uninsured motorist coverage will cover them.
    Answer Applies to: Connecticut
    Replied: 10/25/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    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.
    Answer Applies to: California
    Replied: 10/25/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes of you did not have insurance at that time.
    Answer Applies to: Florida
    Replied: 10/25/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You are almost certainly liable for her medical bills, property damage, lost wages, pain, and suffering. If the total amount of your liability exceeds your non-exempt assets, you might want to consider bankruptcy. Exemptions can be significant.
    Answer Applies to: Washington
    Replied: 10/25/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 10/25/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 10/25/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Without insurance, neither of you have the protection of the no fault laws. She could simply sue you for negligence.
    Answer Applies to: Michigan
    Replied: 10/25/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    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.
    Answer Applies to: Montana
    Replied: 10/25/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    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.
    Answer Applies to: New York
    Replied: 10/25/2011
    Chalat Hatten & Koupal PC
    Chalat Hatten & Koupal PC | Linda Chalat
    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.
    Answer Applies to: Colorado
    Replied: 10/25/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    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.
    Answer Applies to: Indiana
    Replied: 2/20/2012
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