If I was rear-ended by not one but two cars, which driveris responsible for paying for my medical bills?

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If I was rear-ended by not one but two cars, which driveris responsible for paying for my medical bills?

I was recently involved in an accident. I was rear-ended by not one but two cars registered. It was obvious to the police officer on the scene that the other drivers were at fault. It turns out that my insurance had lapsed at the time of the accident. I was taken to the emergency room after the accident and ended up with nearly $15,000 in medical bills. Now I’m being told by the at fault driver’s insurance company that I am apparently responsible for my own medical bills. I don’t see how this can be true. Had they not hit me I wouldn’t have these bills in the first place.

Asked on February 6, 2012 under Personal Injury, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot be bullied by these insurance companies. The position for the company is that since you had no car insurance, you were violating the law. If that is the case, then their position is moot since their insured caused the accident. In a situation where let's say three cars in a row, and you are the front car and obeyed the driving laws, then the one in violation is the car behind you for following too closely (i.e., the theory is even he was hit by the motor vehicle behind him, he should have been far enough back from you to cause no damage to your motor vehicle). The first car (last car in the row from the back) would also be liable for causing the motor vehicle accident in the first place. You need a personal injury attorney who can a) create medical liens to slow down the process of what is owed, b) begin the process of suing all parties involved from individuals to the insurance companies and c) start calculating your damages. Your damages can and should include medical costs, motor vehicle repair or replacement costs, your pain and suffering, time off of work, any other damage to items in your vehicle that require repair or replacement and the like.


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