Is the at fault driver responsible to pay my medical bills after a car accident?

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Question:

Another driver ran a red light and hit my car as I was crossing the intersection. I sustain several injuries from the accident and would like to know if the at-fault driver is responsible for my medical bills.

Answer:

In a no-fault jurisdiction, a driver who is at fault in a car accident is financially responsible for the victim's medical and property damage bills. If the driver at fault is insured, his insurer (as should yours) will investigate to make a determination as to responsibility and liability. If the finding shows that the other driver is at fault, by all legal standards, the car accident victim should be duly compensated or reimbursed.  However, in the case where the at-fault driver is uninsured or underinsured, it may be difficult to recover the full damages. Although drivers are legally required to purchase a minimum limit of liability coverage, unfortunately too many drivers do not.

In the case the at-fault driver declares indigence, an attorney experienced in at-fault liability can help you determine if the other driver has assets he is intentionally hiding. Signs that will be monitored are whether the party at fault suddenly moves, gets a new job, purchases real estate or other valuable property or comes into other income such as an inheritance or wins the lottery. Unfortunately, if the other driver declares bankruptcy, any personal injury judgments are discharged. The exception is when the offending party acted with fraud or malice.

Also note that in a no-fault jurisdiction, the injured party has to show that the injuries are severe enough to meet the minimum compensation requirement. If the injuries do not, you may not be compensated.

Talk to a Car Accident Lawyer to determine your rights in this case and whether you are in a no-fault jurisdiction.

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