If you’re injured in an accident but hve no insurance, who pays for the hospital?

UPDATED: Jun 11, 2012

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If you’re injured in an accident but hve no insurance, who pays for the hospital?

My fiance was hit from behind at a stop sign this morning. The guy had no insurance. The cops were called and they arrested the guy. My fiance has no insurance but his head and back were hurt, so if he was to go to the hospital who pays?

Asked on June 11, 2012 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since neither party had insurance, your fiance will have to sue the at-fault party in order to recover compensation for his personal injury claim and his separate property damage claim (cost of repairs to his car).

When he completes his medical treatment and is released by the doctor, your fiance should obtain his medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of his injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Your fiance will need to file his lawsuit for negligence against the at-fault party/ registered owner of the vehicle if someone other than the at-fault driver, prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.  CA has a two year statute of limitations in personal injury cases which means the lawsuit must be filed prior to the two year anniversary of the accident.  After obtaining a court judgment against the at-fault party, your fiance should pursue a wage garnishment to enforce the judgment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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