Is my insurance company responsible for my medical expenses even if the accident wasn't my fault?
Question Details:
I was injured in an accident and the other driver was at fault. So would my insurance co-pay my medical expenses or would the other drivers insurance pay? Also, would the medical expense come out of the entire settlement or would that be another part of the insurance?
The above analysis is correct, but usually the insurance company does not like to consider pain and suffering in its settlement unless you have retained an attorney to help evaluate your case. In Florida, your medical bills should be covered by the personal injury protection (PIP) coverage in your own policy. David Wieder www.wiederlaw.com
Since the other driver was at fault, his/her insurance carrier is liable for your medical expenses.
When you complete your medical treatment and are released by the doctor, the information in the medical report(s) regarding the nature and extent of your injuries will be used to determine the amount of compensation you receive for pain and suffering. Compensation for pain and suffering is an amount in addition to your medical bills. The settlement should include compensation for pain and suffering, reimbursement for medical bills and any wage loss. If you are dissatisfied with the settlement offer from the insurance company and are unsuccessful in attempting to negotiate a larger settlement, you can file a lawsuit against the other driver for negligence.