Injured in a Car Accident. Who actually pays for everything?

9/2/201112:45:54 PM Link 0 comments | Add comment

accident, Accident Injury, car accident, claim, injury claim, insurance claim, Personal Injury, Personal Injury Lawyer

Most people know insurance is involved after they are injured in a car accident, and we have discussed before the different types of insurance that may be applicable when dealing with an auto injury claim.  But often times people are still confused as to what happens to the person who caused the accident.  The reality is that unless the individual that caused the accident is facing serious criminal charges separate from the civil action such as DUI or motorvehicle homicide, they usually do not have much to do with the injury case at all unless and until the matter goes to trial.  

There are a few situations where if a person is seriously injured, and the person who caused the accident is extremely underinsured (i.e. someone such as Warren Buffet is driving a car with only $50,000 in insurance coverage when he himself is worth billions - obviously, this is for purposes of illustration only as someone like Warren Buffet would likely have plenty of insurance coverage and Berkshire Hathaway owns GEICO) then the injured party and his or her accident injury attorney will pursue the at-fault party over and above the insurance coverage that is available.  However, most injury claims do not fall into this category.  In most injury claims there is either plenty of insurance to cover the injured person's injuries; or, if there is not enough insurance money, the person who caused the accident is not worth pursuing because they don't have any money or assets over and above the coverage that is available.

Now, this can be confusing because your injury claim is still against the person who caused the accident.  In most situations you cannot sue the insurance company directly for injuries caused by their insured.  Rather you sue the person who was negligent and caused the accident, and the insurance company is the one who foots the bill (up to the amount of coverage contracted for by the negligent party).  This is why you often times see families and close friends suing each other.  A common example of this is two cousins riding together in a car.  If the cousin driving the car is negligent and drives into a tree, and as a result the other cousin is injured, often times the injured cousin and his/her family will sue the kid driving the car (i.e. someone's niece ot nephew).  The reason for this is typically not that the injured party wants to bankrupt their niece or nephew, but rather that pursuing the niece or nephew is the only way to gain access to the insurance money to help pay for medical bills and other damages that were sustained.

The bottom line is that in most accident injury cases verdicts and settlements are paid by insurance companies, not out of the pocket of the negligent person who caused the accident.

Car Accident Injury Top 5 Questions & Answers

8/14/20112:09:09 PM Link 0 comments | Add comment

accident, Accident Injury, Auto, car accident, injury, injury claim, insurance, insurance claim, Personal Injury, Personal Injury Lawyer

1) Q - What should I do if I am injured in a car accident?

     A - Go to a doctor.  If you sustained serious injuries in an accident, the first thing you need to do is get checked out by a licensed physician to make sure you are okay.

2) Q - Who will pay for my doctors' bills?

     A - Insurance.  The whole answer is significantly more complicated; however, insurance will pay for your bills if it exists.  If you have health insurance, submit your bills to your health insurance carrier as you typically would after going to the doctor any other time in your life.  You should also check to see if there is any medical payment coverage available through your own auto insurance carrier.  Often times, persons injured in car accidents are reluctant to give out their health insurance information because they think the at-fault party should be responsible for their bills.  They are correct that the at-fault party is financially responsible; however, you do not want to miss out on contractual reductions in your medical bills or have your medical bills end up in collections while you are waiting to settle your claim or go to trial.  Your health insurance carrier can always place a lien in your injury case file for any bills they pay out on your behalf for treatment of injuries sustained in the accident.

3) Q - Should I open a claim with my own auto insurance company even if the accident was not my fault?

     A - Yes.  First, most car insurance contracts require you to notify your company after you have been involved in a car accident.  Second, you may have coverage with your own insurance company that you can use to help pay medical bills or receive additional money for pain and suffering should the person that caused your accident not have insurance or be underinsured.

4) Q - I was injured while driving my friend's car.  Which insurance company should I notify?

      A - When in doubt, ALL of them.  The person's insurance who caused the accident is the "at-fault" carrier and will be responsible for compensating you for medical bills, lost wages, pain & suffering, inconvenience, etc.  Your friend's car insurance coverage follow's the car and will provide insurance coverage if the at-fault party is uninsured or underinsured and may also provide medical payment coverage.  Your own car insurance will provide potential uninsured or underinsured coverage, as well as medical payment coverage if you have contracted for it.

5) Q - Should I hire an attorney to represent me in my accident injury claim?

     A - Maybe.  Whether you need legal representation for your injury claim depends highly on the circumstances surrounding your accident and the nature of your injury.  If you suffered very minor injuries, and you are positive that you have fully recovered, then hiring an injury lawyer may be unnecessary.  However, if you sustained serious injuries in your accident and/or liability or causation is at issue, you will definitely want to retain counsel to represent you in your injury claim.  Regardless, most injury lawyers offer a free consultation, so it is always a good idea to speak with an injury attorney in your city before settling your claim with the insurance company.

How long do I have to pursue my car accident injury claim?

7/27/20119:42:48 PM Link 0 comments | Add comment

accident, Accident Injury, attorney, Auto, car accident, injury claim, Personal Injury Lawyer

Typically, in Nebraska you have four years from the time of your accident to pursue your injury claim.  This time period can be significantly less, however, if the person who caused the accident is some type of government employee and was on duty at the time of the accident.  For example, if your car accident was caused by a negligent police officer you have one year to properly put the city on notice of your claim and two years to file your lawsuit.  There are certain requirements that must be met to preserve your car accident injury claim, so if you have been in an accident it is always better to consult with a lawyer in your city sooner versus later.

I was in a car accident, and now I have tons of medical bills. What now?

6/1/201110:43:26 PM Link 0 comments | Add comment

accident injury, attorney, car accident, injury, injury claim, medical bills, Personal Injury Lawyer

There has been a lot of discussion regarding the healthcare industry over the past couple of years, and it is no mystery that medical billing can be confusing as all get out.  When you have an accident injury that was sustained in a car accident, your medical treatment is enough to worry about without having to worry about organizing your medical bills.  One trip to the emergency room for one person injured in an auto accident can result in a multitude of medical bills.  There is a facility charge for the hospital itself; there is a fee for the emergency room doctors; if x-rays are taken, there is an additional fee for the radiologist; and if you were transported by ambulance, there is a fee charged for the ambulance ride.  For ONE trip to the ER, a person will often times receive five different bills from five different places.

If you are in this situation, an accident injury lawyer can help you organize your bills and create a plan for paying them with the help of insurance money.  An injury attorney will also be aware of applicable laws and regulations that may affect how you pay bills and what bills need to be paid when.  If you have been injured in an accident, consider contacting an accident injury lawyer in your area for a free consultation.  Often times, at the very least, your attorney can help negotiate reductions in the amounts you are required to pay back.