Does the at fault person’s insurance company pay my medical bills while the case is pending?


The at fault insurance company will not pay medical bills while the case is pending. They will pay one lump sum for medical expenses, lost wages, and pain and suffering. There may be an exception if you were injured as a pedestrian.

You are responsible for your medical bills unless and until the at fault party’s insurance company settles the claim. If the insurance company denies the claim or makes an offer that is just too low you will have to sue the at fault party.

In the meantime your medical bills might be covered by Personal Injury Protection (PIP). This is coverage on an auto policy that pays medical bills incurred as the result of an accident. Unless you waived this you have $10,000 in coverage. If you were injured as a pedestrian and the driver has PIP coverage then the PIP coverage extends to you.

If you do not have PIP or your own health insurance then you will be responsible for all medical bills. You may need to seek a payment plan or ask if they will accept a lien on your personal injury claim.

If your medical bills are paid through insurance provided through employment then federal law known as ERISA applies. This law may work serious consequences to your rights and ability to recover monetary compensation for your personal injury claim.

These issues can get quite complicated. This is general information and not a substitute for legal advice. Contact us about a free personal injury case evaluation.

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