Will the driver responsible for my injuries after a bad collision be held responsible for my medical bills? 17 Answers as of July 08, 2015

Will the guilty driver who caused my wife’s injuries and mine be held responsible for my medical bills? My wife and I were involved in a car crash last year that was not our fault, and after rehab and surgery, our medical bills have amounted to about $1 million. She needed surgery on her neck and back, and I needed personal therapy to help with the pain.

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S. Joseph Schramm | Joseph Schramm
If the driver of the other car was at fault he should be, in theory, liable for the payment of your unpaid medical bills (bills not paid by insurance coverage). He should also be theoretically obligated to compensate you ad your wife for your pain, suffering and loss of enjoyment of life you both have suffered. However, if the driver does not have insurance coverage in this amount or sufficient personal assets to be seized and sold to enforce a judgment, you might recover far less than the amount of your unpaid medical bills. If you and your wife have a policy of underinsured motorist insurance, you might be able to pursue a claim with your carrier, but you would probably be required to file a suit against the other driver and obtain a verdict or settlement in excess of the policy coverage of the driver who hit you. You should, at a minimum, consult an attorney who handles personal injury cases because you will have only two years from the date of the accident to file a suit.
Answer Applies to: Pennsylvania
Replied: 7/8/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
If this really is a MI crash, then your own vehicle insurer should have been paying all these crash related medical bills all along. If they have not been, they should be sued, but note you must have given them notice of the crash in writing within 1 year of the crash and need to sue asap as there is a 1 year back rule that precludes you getting bills that are older than 1 year paid. There can be certain "complications" to the above, such as coordinated medical coverage, deductibles, etc. You should have local counsel that regularly handles PIP cases as well as 3rd party cases relative to the claim against at fault parties. They can help sort out what your rights are, what claims you have, etc.
Answer Applies to: Michigan
Replied: 7/7/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Did you ever sue for the injuries?
Answer Applies to: Michigan
Replied: 7/7/2015
Morrin Law Office
Morrin Law Office | Robert A. Morrin
The driver's insuring company will be responsible for such bills if the other driver was at fault. Generally, you should retain an attorney for wrecks that have high medical bills because you are likely entitled to a large pain and suffering check. There's a good chance that the other driver does not have enough coverage for all your medical bills. If that's the case then you may be covered by your insurance company if you have an "Under-insured Motorist" policy. It's important to speak with an attorney such as myself because we can make sure the insurance company pays what is owed to you. In fact, the Insurance Research Council has conducted a comprehensive study comparing the value of settlements people received when they were represented by an attorney compared to when an individual with the same injuries did not have a lawyer. The Insurance Research Council discovered that people who were represented by an attorney received almost 350% more than those with no legal representation, even after the attorney's fees were paid. I hope this has helped and I wish you all the best!
Answer Applies to: Kentucky
Replied: 7/7/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If you have been paid all of his insurance coverage the careless defendant had, suing him is probably a waste of time and effort. He will be unable to pay any award. If your bills are over $1 million, then Medicaid must be paying so any recovery you might get will have to pay them back first, even if you find insurance coverage somehow. I don't think a lawyer can help you find a solution to your catastrophe. Sorry. I have no advice. Good Luck.
Answer Applies to: Montana
Replied: 7/7/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Usually, when people go on the 'net to ask legal question, it's because they don't have a lawyer to ask. (after all, if you have a lawyer, there would be no need go on the 'net to ask a question). You have an auto crash case with a million dollars in medical expenses and you don't have a lawyer? I don't get that. Maybe you are just looking for a second opinion. That's okay, but you should mention it. Okay, now to get to your question. Obviously, no-fault coervs 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 then the other driver's liability policy, 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.
    Answer Applies to: New York
    Replied: 7/7/2015
    End, Hierseman & Crain, LLC | J. Michael End
    You and your wife will need to find enough automobile insurance to cover all of your damages. The driver's automobile liability insurance will pay. Your underinsured motorist insurance will pay in addition to the other driver's liability insurance. The other driver can be held personally liable, but few people have $1 million to pay for damages the person has caused.
    Answer Applies to: Wisconsin
    Replied: 7/7/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Are you represented by counsel? This appears to be a huge amount of medical bills. Did you have the collision with someone with insurance, a commercial vehicle or a deadbeat? Of course if the other driver is responsible for the accident and if you carried liability insurance, the other party will not only be responsible for your medical expenses, but also all economic losses and pain and suffering. Hire a lawyer if you don't have one.
    Answer Applies to: California
    Replied: 7/7/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Not in Michigan unless you were in an insured car. See an attorney.
    Answer Applies to: Michigan
    Replied: 7/7/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The at fault driver is responsible for all of your medical bills along with pain and suffering, lost wages, and several other categories. Obviously this may be limited by the extent of his insurance and his personal assets. You should get a lawyer quickly to help build the case and ensure collectability. If you are in Connecticut please call me for a free consultation. Lawrence H. Adler, Esq. Adler Law Group, LLC Sent from my smartphone
    Answer Applies to: Connecticut
    Replied: 7/7/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, your medical expenses are covered by your own insurance along with other economic losses. You can sue the bad guy for your pain and suffering.
    Answer Applies to: Michigan
    Replied: 7/7/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You really need to talk to an attorney. Your injuries appear to be very serious.
    Answer Applies to: Alabama
    Replied: 7/7/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, but you will have to pay for them first and then seek reimbursement. The other driver?s insurance won?t pay as you go; they will insist on a release when they do pay. Consider consulting an experienced injury lawyer.
    Answer Applies to: Alabama
    Replied: 7/7/2015
    Ty Wilson Law | Ty Wilson
    You need a personal injury attorney to make sure you can obtain the justice you seek.
    Answer Applies to: Georgia
    Replied: 7/7/2015
    Law Offices of George H. Shers | George H. Shers
    I am sorry for your injuries, but i do not see how the medical bills are $1,000,000. The person at fault for the accident, and his employer if he was driving for his work, are responsible for your reasonable damages, but aside from companies and the extremely rich, no one has a million dollar insurance coverage. You need to see some local plaintiff's personal injury attorneys; the initial visit to find out what they can do is free and you are not obligated to hire them.
    Answer Applies to: California
    Replied: 7/6/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, but realistically the other driver's insurance might be insufficient. Getting money out of the driver personally might be problematic. If his/her insurance company offers to pay the policy, they will expect you to sign a release, so be careful. Most drivers do not have assets with which to pay a large amount.
    Answer Applies to: California
    Replied: 7/6/2015
    Pettit Kohn Ingrassia Lutz
    Pettit Kohn Ingrassia Lutz | David Halm
    Yes, if the driver was negligent and you and/or your wife were not or less negligent and the other driver's negligence was a substantial factor in causing your injuries, then the other driver should be held responsible for your medical bills. You and your wife may also be entitled to pain and suffering damages. If you have not done so already, you should immediately notify your automobile insurance carrier of the accident and your losses. You should also contact a lawyer right away.
    Answer Applies to: California
    Replied: 7/6/2015
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