If a person caused an accident, are they supposed to be held responsible for the medical bills? 16 Answers as of August 25, 2015

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?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Replied: 7/9/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, the other driver should ultimately be responsible. Good luck.
Answer Applies to: Alabama
Replied: 7/9/2015
Law Offices of George H. Shers | George H. Shers
Already asked and answered.
Answer Applies to: California
Replied: 7/9/2015
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Driver and owner of the car that hit you are responsible for medical bills along with pain and suffering and emotional distress. You should get legal counsel to pursue this claim for you. There is generally a two year statute of limitations. Nobody will pay you money unless you take action.
Answer Applies to: Connecticut
Replied: 7/9/2015
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
Did you file a lawsuit or settle with her? You really need to talk to an attorney.
Answer Applies to: Alabama
Replied: 7/9/2015
    Stephens Gourley & Bywater | David A. Stephens
    That would be a yes.
    Answer Applies to: Nevada
    Replied: 8/25/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    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.
    Answer Applies to: Wisconsin
    Replied: 7/9/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Did the other driver have insurance? If so, how much coverage? Did you have insurance? Did you have underinsured/uninsured motorist coverage? What were your policy limits on your various coverages? Who has been paying your medical bills? There are a lot more details to address. Your medical expenses of a million dollars, with obviously very severe injuries to require such care, make the matter most definitely worth discussing. That would be the way to start mapping out your financial recovery.
    Answer Applies to: Michigan
    Replied: 7/9/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, but getting paid that amount is likely to be extremely difficult.
    Answer Applies to: California
    Replied: 7/9/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    The prosecutor is supposed to help you get these bills paid. That's why we pay them to fight crime.
    Answer Applies to: Montana
    Replied: 7/8/2015
    Gates' Law, PLLC | Thomas E. Gates
    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.
    Answer Applies to: Washington
    Replied: 7/8/2015
    Ty Wilson Law | Ty Wilson
    Yes, however with the serious injuries you and your wife sustained it is likely the at-fault driver did not have enough insurance coverage. Few people have $1 million dollar liability insurance policies. Even if you had underinsured motorist coverage providing you protection for the underinsurance of the at-fault driver you may not have enough coverage to pay for all of your medical bills. Your damages are extremely high and it is likely that you may get a judgment for that amount but the at-fault driver's insurance will only pay what they have contracted to pay based upon the at-fault driver policy. You could get a judgment far in excess of your damages, however if the at-fault driver does not have adequate insurance coverage they likely do not have assets to go after. Unfortunately that will only change if they win the lottery which is unlikely as well. I am sorry to hear about you and your wife's injuries, this was clearly a horrible wreck. I am sure you have spoken with a personal injury attorney to make sure there is nothing worth pursuing to make up for the harms and losses made by the at-fault driver however if you have not I would encourage you to do so. I am sorry I do not have better news for you.
    Answer Applies to: Georgia
    Replied: 7/8/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Not in MI, it is your own vehicle insurer who pays the crash related medicals (as I told you already).
    Answer Applies to: Michigan
    Replied: 7/8/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 7/8/2015
    End, Hierseman & Crain, LLC | J. Michael End
    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.
    Answer Applies to: Wisconsin
    Replied: 7/8/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 7/8/2015
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