Who Pays for Medical Bills After a Car Accident?

Who pays for medical bills after a car accident? The person found liable for the car accident may be held liable for your medical bills, usually from their insurance policy. 

A Rhode Island car accident lawyer may be able to provide some insight into your specific situation and what will be factored in determining who is responsible for your medical bills.

Investigating Your Rhode Island Car Accident to Determine Fault

Determining and establishing who is responsible for the accident and, therefore, liable for your medical bills and other damages is critical to your case.

Without this, you are unable to collect compensation and may have to foot the bills for injuries someone else caused. In many cases, an attorney will investigate the circumstances of the car accident, including gathering police reports, medical records, or witness statements. 

A police report does not determine fault on its own. However, in many cases, this documentation, in combination with issued citations, can provide clear evidence of the negligence that caused the accident. This information is often a staple in your argument for the other party’s negligence. 

After establishing that the other person caused the accident, you must provide evidence that the accident caused your injuries. Establishing that the accident injured you is not typically difficult, but supporting the extent of the injuries may be more of a challenge. This can often be supported by medical records and witness statements from people who see how you have been affected. 

 How Does Comparative Negligence Affect Who Pays for Medical Bills 

While the bulk of your case is determining and providing support for the argument that the other person caused the accident and your injuries, your attorney must also consider any of the ways you may have contributed to your injuries.

This is due to the state’s pure comparative negligence laws 9-20-4, which state that you will receive compensation proportionate to your contribution or liability. 

Suppose someone turned left at a stop sign, causing you to hit them while traveling straight. It may seem like the other person is clearly and completely to blame for the accident, but let’s assume you were speeding.

It could be argued that your speed limit violation contributed to the accident, and you are 20% responsible, leaving you to recover 80% of the awarded damages proportionate to the other person’s liability. 

Rhode Island operates on pure comparative negligence, meaning you can theoretically recover damages even if you are 99% responsible.

To avoid surprises and unnecessary damage to your case, it is essential to be honest with your attorney regarding what happened and your possible contribution. Your behavior may reduce your recovery, but contribution alone will not prevent you from seeking damages. 

Underinsured or Uninsured Motorist

Another reason you may face challenges or delays in getting them to pay your medical bills after a car accident is underinsured or uninsured motorists.  Since your claim goes through the other party, if they are at fault, you are at the mercy of their policy limits if they are insured. 

According to 31-32-24 of Rhode Island General Laws, your insurance coverage must provide liability insurance to cover damages you or the authorized driver with minimum limits of:

•  $25,000 of coverage for bodily injury to or the death of one person 
•  $50,000 of coverage for bodily injury to or deaths per accident (two people)
• $25,000 for damage to others’ property in any one accident
• $75,000 for damage to property combined single limit

The state minimum requirements may not cover all of your damages if your injuries are significant. If your costs exceed the other person’s policy limit, you may file a claim under your own uninsured/underinsured policy for a faster resolution.

You may also speak with an attorney to help you determine whether you may benefit from filing a lawsuit with the individual or how much you can get from an underinsured motorist claim.

Rhode Island At-Fault Insurance Model

Rhode Island follows an at-fault model for liability and insurance payments, which means the at-fault party is responsible for paying the damages for all parties.

This system can undoubtedly benefit victims of car accidents by preventing innocent drivers from filing a claim under their own policy. However, it may also cause delays in compensation recovery while the insurance company tries to deny the driver’s liability.

If you face pushback from the other person’s insurance company, you may benefit from speaking with your policyholder. They may provide the option to pay out your claim to you and then work with the other person’s insurance provider to recover those costs. 

If you are facing undue delays from the other provider’s insurance company, it may be time to contact an attorney if you have not already done so. 

Contact the Gemma Law Team for Support in Getting Your Medical Bills Paid

Recovering from injuries is hard enough, and trying to figure out how you’ll pay for medical bills is an unnecessary stress. Gemma Law is committed to fighting for positive results and the compensation you deserve.

When you think about our firm, we want you to think about our commitment to our community and the countless happy clients we’ve served. 

You may feel that getting an attorney is a big step, but it provides a level playing field for you when working with an insurance company with its own legal team.

You should not have to bear the burden of someone else’s negligence and deserve the chance to seek justice and accountability with a strong advocate by your side. Call us today to schedule a free case consultation with no obligation.