My wife is in the hospital due to a car accident. Is the at fault insurance company liable to pay the hospital?

If your state is an at-fault liability state, the at-fault insurer may be financially responsible for all of the injuries sustained in the car accident. However, in some states, comparative negligence is factored in. Comparative negligence is applied where both parties are at fault; the court determines the percentage of culpability and liability and that will ultimately determine who will receive compensation and how much. If your state has contributory negligence laws, and if your wife is found to be partially negligent in the accident, she cannot recover any damages. Only five states with pure contributory laws on their books; they include Alabama, the District of Columbia, Maryland, North Carolina, and Virginia.

Some states have a modified comparative rule where they apply the 50% rule. This rule allows an injured party to collect if his or her comparative negligence is below 50%. If the victim has a comparative negligence at 51%, he or she will not recover compensation.

Talk to a Car Accident Attorney to see what liability laws apply in your state and if you can recover the medical bills from the at-fault insurer.