Anytime someone is involved in an accident, insurance questions arise. People always seem to have questions about who pays for what. Let’s address some of these questions in the order they usually arise.
PROPERTY DAMAGE ISSUES
Generally, the at-fault party’s insurance company will pay for any damage done in an accident. If there is a delay in determining fault, your own insurance company may pay for the damage (minus your deductible) until fault is determined. In some cases, the two insurance companies involved will submit their claims to intercompany arbitration where an arbiter decides who pays for the property damage. If you were not at fault in the accident and your own insurance company paid for your repairs, be sure to seek re-payment of your deductible from the at-fault party’s insurance company.
If you have health insurance, your health insurance will provide the primary mechanism for paying for accident related medical care. When this occurs, your health insurance company will almost always seek repayment of expenses paid from any settlement for money received. This is known as “subrogation.”
If you do not have health insurance, the at-fault party’s insurance company will rarely, if ever, agree to pay for medical care unless and until you sign a release closing out your claim. Sometimes in these situations insurance companies take advantage of the financially vulnerable state of the victim to settle cases early and cheaply. There are alternatives. Many health providers will agree to provide treatment “on a lien” meaning they are not paid until your case settles. Fuicelli & Lee, P.C. works with a large network of these providers.
Additionally, if you need surgery or other expensive medical care due to an accident, Fuicelli & Lee, P.C. works with health finance companies that will allow you to get the treatment you need. One of the most important rules if you have been in an accident is not to forego care because you do not have health insurance or are unsure how to pay for the care. If you have questions regarding medical care, please contact us. The lawyers at Fuicelli & Lee, P.C. have helped hundreds of accident victims get the care they need and are here to help.
It probably goes without saying that settlements are generally paid by the at-fault party’s insurance companies. In the cases of someone who is underinsured, your own insurance company may also provide some benefits.
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