Federal data shows that 2.74 million people were injured and 36,096 others were killed in motor vehicle accidents throughout the U.S. in a recent year. In California alone, 3,606 people died in traffic crashes that same year.
If you were involved in a car accident in California, you may be suffering from painful injuries, unable to work, and wondering how you’ll manage an endless stream of ongoing medical expenses.
When someone else is partially or fully liable for a car accident injury, many victims aren’t sure who should pay the medical bills. Here, the car accident lawyers from Demas Law Group, P.C., discuss who is responsible for your medical expenses and the state laws that could apply to your case after a California car crash.
Our Sacramento attorneys have 25 years of experience fighting for the rights of injured clients and holding negligent parties accountable. Contact us today for a free initial consultation.
Who Pays for My Medical Bills After a Sacramento Car Accident?
When you incur medical expenses after an auto accident in Sacramento, you are legally responsible for paying the bills as you receive them. This may seem unfair if someone else’s negligence contributed to your injuries. But under California’s third-party liability laws, at-fault drivers are not directly responsible for the ongoing costs of your medical care.
However, if you can demonstrate that the other driver was largely or entirely responsible for the accident, you may be entitled to compensation from a personal injury claim or lawsuit against the at-fault driver and their insurance company. You could potentially obtain money to cover your accident-related medical costs from:
- The at-fault driver – If you can prove to the other driver was at fault, you could potentially receive an insurance settlement or trial verdict in your favor. However, keep in mind that the other driver does not have to indefinitely cover all of your medical expenses. A knowledgeable attorney can help you craft a reasonable settlement demand that considers all of your projected future medical costs.
- The driver’s employer – If the other driver was operating a company vehicle or engaging in work-related activities when the accident occurred, their employer may bear vicarious responsibility for their actions. In this case, you could be entitled to compensation from the employer’s insurance policy.
- Your insurance provider – Depending on the types of insurance coverage you have available, you could also turn to your own insurance carrier to cover your medical expenses.
- Government aid programs – If you are entitled to government aid from programs like Medicare or Medicaid, you could submit a request to the appropriate government agency to request coverage for your accident-related medical bills.
Health Insurance or Auto Insurance: Who Pays?
In California, all drivers are required to carry minimum amounts of auto liability insurance coverage. This type of coverage only pays for injuries or damages you cause to other people in an accident. However, different types of optional insurance – such as medical payments (MedPay) or uninsured motorist (UM) insurance coverage – could kick in to cover your medical bills if you choose to purchase it.
If you have MedPay coverage, your insurance provider must cover any medical costs you incur resulting from a car accident, no matter who was at fault. If an uninsured driver injured you, UM bodily injury coverage could help you cover the costs of any injuries to you or your passengers.
The other driver’s auto insurance provider will only pay for your expenses if you file a claim with them and demonstrate that their policyholder was at fault. Depending on the circumstances, this could be a tall order. And importantly, if you do receive a monetary settlement, you can’t go back and ask for more compensation later on. This is why it’s so important to work with an experienced attorney who can ensure you receive a full and fair settlement for your losses.
Finally, if you carry health insurance coverage, you may submit your medical bills to your health insurance provider. In most cases, health insurance companies will cover such bills immediately. However, your provider may expect you to reimburse them for this coverage if you receive any compensation from an auto insurance settlement or injury lawsuit. A knowledgeable car accident lawyer can help you negotiate with insurance providers to reduce the amount you must pay out of pocket.
Medical Liens
It may take time to receive the money you need to cover your medical expenses. When this occurs, your doctors and other medical providers may still agree to treat you as long as you promise to pay the bills as soon as your case has been resolved.
To ensure you keep your word, your providers may ask you to sign a medical lien, which then goes to your attorney. A medical lien represents a binding legal contract between you, your provider, and your lawyer. When you have a medical lien, your attorney is required to use money from your insurance settlement or court verdict to repay your medical provider. In return, you continue to receive the care you need, and your doctor refrains from sending your case to collections while the claim is pending.
How Do California Liability Laws Affect My Claim?
When California courts decide how much compensation to award accident victims, they follow a doctrine of pure comparative negligence. Under pure comparative negligence rules, injured parties have the right to sue at-fault parties for compensation based on their overall percentage of fault.
This means if the other driver was 75 percent at fault for an accident that caused you $100,000 in damages, the most you could recover from them would be $75,000. Likewise, if you were responsible for the other 25 percent of the fault, the other driver could sue you for up to 25 percent of their damages.
A Sacramento car accident lawyer can help you present compelling evidence of the at-fault driver’s negligence to reduce your own liability. This can increase the overall compensation available to you.
Injured in a Sacramento Car Accident? Get Our Car Accident Attorneys On Your Side
If you were injured in a Sacramento car crash, the car accident lawyers of Demas Law Group, P.C., can help you access the care you need and demand the compensation you deserve. Contact us today to discuss the details of your car accident case in a free initial case review.
