Legal Question in Personal Injury in Indiana
I was in a car accident about a month ago. I was traveling through an intersection and the other driver ran his red light and hit me. My car was totaled and his insurance promptly gave me a fair check for the cars value.
My question is now what am I to do about all the medical bills I incurred from the accident?So far I have only received 2 bills but more will be coming. Should I just pay the bills and assume his insurance company will pay me back?
3 Answers from Attorneys
You can submit your medical bills to your own insurer or, if you have medpay coverage on your own car, to your own auto insurer. If you do not have either of these two types of coverage, you should go ahead and pay the bills yourself.
With regard to what you are entitled to from the other driver's insurer, you are entitled to a full and fair settlement that includes compensation for your medical expenses, for your temporary and, if applicable, permanent injuries. This includes mental and physical suffering. It includes any temporary or permanent impairment as well. You are also entitled to be compensated for lost time at work if you were required to miss any work. I cannot know without speaking with you further whether there may be other elements of damages to which you are entitled.
The other insurer will only pay you once and will require a release whenever they make payment relating to your medical bills or personal injuries, so it is important to evaluate the full extent of your damages before accepting any further payments from the insurer.
I would be glad to discuss any of this further with you if you would like. You can reach me by replying to this email. Larry
Advice given by Attorney Jackson is spot-on. I'd only add that you really need to put it into the hands of a lawyer to maximize your recovery.
You cannot assume that the other party's insurer will cover your medical expenses. Therefore, if you have health insurance you can submit your bills there. If you have medical payments coverage, you can submit the bills to that insurance company. You can also pay your bills directly and hope for reimbursement. Another option is to hire counsel who can offer to protect a medical provider's bill by agreeing to pay the provider out of any proceeds recovered from the other driver's insurer. Most medical providers will agree to such an arrangement.
Attorney Jackson is correct when he states that you can only receive one settlement from the insurer. Therefore, you want to make sure that you have a good idea concerning how serious and permanent your injuries are, before settling your case. Under Indiana law you are entitled to compensation for past and future medical expenses relating to the injury, past and future lost wages, temporary and permanent disability, disfigurement and pain and suffering.
What you are entitled to depends on which of the above factors apply to your case, in addition to where a case would have to be filed. Some counties are known for providing higher verdicts than others. You should contact an experienced personal injury lawyer before settling your case. Injury attorneys as a general rule will provide a free consultation.
Good luck.