Pennsylvania has a partial no-fault system for payment of medical bills. What this means is that your own car insurance pays for your medical bills, without regard to who is at fault. If you do not own a car, but are injured in an auto accident as a passenger, pedestrian, while riding a bicycle, or some other way the insurer for the car you occupied or if you are not an occupant, the insurer for the car that injured you must pay your medical bills. There is even a state program that pays medical bills if none of the vehicles involved has insurance. The point is that we have a system in place to make sure that medical providers are paid without having to fight about who caused an accident. For more information, see my post titled “I’ve been injured in a car accident. Who pays my medical bills?”
http://www.colarussocohen.com/i-have-been-injured-in-a-car-accident-who-pays-my-medical-bills/
Is It Better To Pay Medical Bills As They Come In Or Wait For A Settlement From My Auto Accident Claim?
Medical bills are paid under the First-Party Medical Benefits portion of your auto policy, generally up to a limit of $5,000. If your bills exceed this limit, your health insurance should pay your medical bills as they are incurred.
How Important Are Evidence And Witnesses In Auto Accident Cases?
The burden is on us to prove that the other person caused the accident, which means that independent witnesses and physical evidence are extremely important. We interview the police and witnesses, take photographs, and accumulate physical evidence as quickly as possible, even in cases where it appears that who caused the collision is not in dispute. Doing this helps prevent insurance companies from trying to evade responsibility for your injuries. For example, if the other driver says things like “I’m sorry, this is all my fault” to the police on the scene, we want to make sure that the officer documents that fact, so that he or she can testify about that statement if there is a trial. We do not know at the beginning of the case whether there will be a trial or a settlement, so we have to prepare from Day One as though there will be a trial. Having extensive trial experience, and preparing the case from the beginning to go to trial, is the best way to convince insurance companies to make fair settlement offers.
How Long Do Auto Accident Claims Typically Take To Get Resolved?
Some cases are settled in a few months, and some cases go through trial, and on to appeals. Because of this, it is hard to generalize. We typically make an effort to settle a case without litigation. Much of this depends on the type of injuries our client has suffered. We like to wait until our client has either recovered from his or her injuries, or until their doctors can tell us what future medical problems they are likely to encounter, before we attempt to settle a case. This way, we can make sure that our clients are getting a fair settlement, and that their rights are protected. Some cases cannot be settled, either because there is a dispute as to who is as fault, or a dispute as to the extent of a person’s injuries. We are trial lawyers with decades of experience, so we are prepared to let a jury decide your case if the insurer is unreasonable.
Do I Need To Pay Back My Health Insurance After My Claim Is Settled?
You may be required to pay back your health insurance after your claim is settled, which we call subrogation. Under Pennsylvania law, you are required to pay back your health insurance carrier for bills it has paid if it is an HMO, if it is a fully self-funded ERISA plan, if it is a worker’s compensation plan, or if it is a government-funded plan such as Medicare or Medicaid/Department of Public Welfare insurance. If your health insurance does not fit within one of these categories, there is no right of subrogation, and you do not have to pay them back.
What Factors Determine The Value Of My Personal Injury Auto Accident Claim?
There are several factors that determine the value of your auto accident claim. The first is whether we have strong evidence proving that the other driver caused the collision. The second factor is the nature, extent, and duration of your injuries. The third factor is whether you have economic losses such as unpaid medical bills, medical bills paid by an entity that we have to repay, or lost wages or benefits. In most cases, the non-economic damages for pain, suffering, loss of enjoyment in life’s pleasures, scarring, and loss of consortium for a spouse are the largest components of damages. Finally, we take into consideration the amount of insurance that the other driver has, as well as uninsured or underinsured motorist insurance coverage available to you.
Will My Car Damage Also Be Compensated In The Personal Injury Settlement?
If you have collision coverage through your own insurance company, your car damage will likely be settled separately. If you do not have that elective coverage, we will include the damage or loss of your car in the settlement.
Will My Case Go To Trial? How Will It Affect The Settlement If My Case Does Go To Trial?
Most cases settle without going to trial, but we have no way of knowing at the outset whether your case will go to trial or not. That is why we prepare every case as though there will be a trial. If the insurance company comes to us and offers a fair settlement that we agree upon, there will be a settlement. If not, there will be a trial. We go to trial in cases where we cannot agree with the other side as to the amount of a fair settlement. We are experienced trial lawyers who are prepared to conduct a trail, if necessary.
Why Does Someone Need An Attorney To Handle An Auto Accident Claim? Won’t Insurance Handle Everything? Can I Handle An Auto Accident Claim On My Own?
In my experience, people who try to handle a case on their own, or who let the insurance company handle everything, do not get fair compensation for their injuries. This is because the ultimate threat is that a jury will decide your case in a trial, and without an attorney, it is not a realistic threat. You need an experienced attorney who knows how to prepare a case for trial in order to extract a valid settlement.
What Sets Your Firm Apart In Handling Auto Accident Cases?
We have decades of experience, so we have seen virtually every type of accident and every type of injury. We are experienced, respected, and knowledgeable trial attorneys, so the insurance companies know that a jury will decide your case if they are not reasonable. We personally handle every aspect of your case, rather than having young associated or paralegals prepare your case. We are a small, selective boutique law firm that concentrates on injury cases. We don’t handle divorces or real estate transactions, or other types of work—we are devoted to helping those injured by the careless actions of others.
For more information on Upfront Payment Of Medical Expenses, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1-844-334-6654 today.