Injuries sustained in car accidents can be severe, long-term, and difficult to treat. All of these factors add up to expensive medical bills. This raises the question of who pays for medical bills in the event of a car accident. That will depend on who the at-fault party is, the insurance of the other drivers, your own insurance coverage, and a wide array of other aspects of the situation. In this article, we will cover some of the more common situations car accident victims will encounter.
If you have been injured in a car accident you may be able to recoup your losses for property damage, lost wages, cost of medical treatments from your auto accident injury, and more. Our dedicated Denver car accident attorneys know the standard insurance company tricks and the laws surrounding your case and will fight to get you fair compensation for your personal injury claim.
If Someone Else Was At Fault for Your Car Accident
Since 2003 Colorado has been an at-fault state for car accidents. This means that if you are involved in a car accident in the state of Colorado you may file a claim through the insurance company of the at-fault driver regardless of your injuries. In the old no-fault model, you would be required to file your claim through your own insurance regardless of who was at fault.
If you were not at fault for the accident then the other driver is responsible for covering your medical bills. Compensation will be required from either their insurance company or, failing that, the driver themselves. You have multiple different paths you can take in order to have your medical bills paid, including:
- Filing a claim with the at-fault insurance provider
- Filing a claim with your own insurance company
- Filing a lawsuit against the at-fault driver
Each of these three options can be a good choice. Which one is best for you depends on the specifics of your accident. An experienced car accident lawyer can help explain how each of these would play out and explain why you should opt for one over the others.
Filing a Claim With Your Own Insurance Company
Most insurance companies will cover your medical expenses following an accident and seek repayment from the at-fault driver's insurance company later. This is usually the fastest way to get compensation, and as a result, it is the path taken by many motorists every year.
There are several insurance options you can take in addition to your required minimum coverage limit making the process even easier, including:
- Med-Pay coverage is an optional add-on for car insurance in Colorado. It serves as additional coverage for medical treatment for physical injuries sustained in an accident. Colorado law requires insurance companies to offer at least $5,000 in Med Pay coverage and many will also offer higher-value options. It is particularly useful due to its versatility, as it provides coverage to every passenger in your vehicle, if you are injured as a passenger in someone else's vehicle, or if you are hit by a car as a pedestrian or cyclist. Med Pay coverage will cover reasonable medical expenses regardless of who was at fault for the accident. Importantly, if you were not found to be at fault your Med Care premium cannot be raised and you are not required to repay your insurance company if you receive a settlement payment. Med Pay coverage will apply to medical bills from an ambulance, and trauma center (including costs of surgeries, x-rays, and other scans), as well as follow-up treatment. If your personal health insurance is involved in the process you can also be reimbursed for deductibles and co-pays from your Med Pay coverage. It is completely optional, so you may opt out of Med Pay coverage on your insurance plan, but it can provide invaluable peace of mind if you are involved in a car accident.
- Uninsured Motorist Coverage provides you with certain protections if you are involved in an accident with an uninsured driver or one who is underinsured. You are not required to carry this extra coverage through your auto insurance company, but doing so will allow you to pursue a claim if the at-fault party in your accident is uninsured or inadequately insured.
FAQ: What if my bills are higher than the at-fault driver’s insurance limits?
Filing a Claim with the At-Fault Driver's Insurance
You can also choose to file a claim with the at-fault driver's insurance directly. The actual process for this is similar to filing through your own insurance provider, but can often prove to be more of a headache. You may also need to file a lawsuit to recoup medical costs and other collision damages if your insurance company refuses to pay the claim you submitted to them.
- You may need to file a lawsuit against either the insurance company of the at-fault driver or against the driver themself. If you need to file a lawsuit following your car accident or suspect that you might you should find a Denver personal injury law firm as soon as possible. They will help you navigate the different options open to you and help you move through the case as quickly and as easily as possible. Keep in mind that injuries in accidents may not be obvious at first and opting for a faster payment may leave you without compensation for future expenses
No-Doubt Liability
No-doubt liability is assigned to situations that are nearly always the fault of one driver over the other. Rear-ends are a perfect example of this, as they are rarely the fault of the driver being hit. The downside is that these types of accidents can be difficult to argue against if you are incorrectly assigned blame. As a result, these cases are usually finalized quickly with a settlement being issued to the victim.
Other examples of common no-doubt liability situations:
- Reversing - Fault is typically assigned to the driver who was backing up during a crash
- Turning Left - Drivers who make turns across traffic are almost always found to be at fault for the collision
- Running red lights and stop signs - Drivers who fail to follow the rules of the road will usually be assigned blame regardless of the circumstances surrounding the accident
- Driving while impaired - A driver who is involved in an accident while under the influence of drugs or alcohol is nearly always labeled as being at-fault
This is by no means an exhaustive list. If you have broken traffic laws or been using your cell phone at the time of the accident you are far more likely to be found liable for the accident. Keep in mind, however, that while it is more difficult to show fault lay with the other driver, it may still be possible. If you are able to demonstrate that your actions were not the reason for the accident, you may avoid being assigned fault.
If You Were Responsible for Your Collision
In most cases, you will not be able to collect payments for your medical expenses if you are found to be completely at fault for an accident. You will need to file a claim with your health insurance provider or cover your cost of treatment out of pocket in these situations. Basic liability insurance will, however, cover damage to the other driver's vehicle and cover the costs of their medical care if needed.
There are add-ons that you can purchase for your insurance policy limits that will compensate you for damage to your vehicle repairs and reimburse any medical expenses. These are not part of the liability insurance required under Colorado state law but are available through most insurance companies for an additional cost. You may be required to carry collision insurance if your vehicle is leased or under financing.
Modified Comparative Negligence
Colorado follows a modified comparative negligence law when determining compensation following a car accident. This means that the amount you can receive following an accident scales based on what percentage of fault was yours. If you are found to have been more at fault for the accident, and therefore hold the majority of the responsibility for it taking place, you will not be able to receive compensation.
This means that if you are involved in a car accident and are assigned 60% of the fault then you will not be eligible for compensation. On the other hand, if you are 20% at fault you can receive more than if you had been assigned 40% fault.
Consult with an Experienced Denver Car Accident Attorney
Car accident injuries can be serious and long-lasting in effect, which can add a serious financial strain on anyone. This is added to the stress of working through your recovery, possible loss of wages if you need to miss work and the extra work that will be required if you decide to pursue a lawsuit.
Crash victims can also experience delayed onset of injuries following a vehicle accident, and prematurely accepting an insurance payout can result in you covering the out-of-pocket expenses which can further delay your financial recovery. An experienced car accident attorney will know the ins and outs of handling your case, explain the laws that apply to your accident, negotiate with insurance companies, and take on the work needed to file a lawsuit while you focus on recovering from your injuries.
Our auto accident attorneys at Denver Car Accident Lawyers are ready to help you with your case. We have a track record of success handling accident cases in Colorado and will approach yours with the dedication and tenacity that has served our past clients well. Contact our law firm today to schedule an appointment for a free initial consultation!