What can we do for a medical bill that was incurred due to an uninsured driver?

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What can we do for a medical bill that was incurred due to an uninsured driver?

My mom and I were in a car accident 9 months ago. We were hit by a car while crossing the street and we found out a couple days later that the insurance of the person who hit us expired that same day. We had an MRI done and are just now being billed. We thought that our insurance would cover everything but we were mistaken.

Asked on January 9, 2012 under Accident Law, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

Since the driver/registered owner of the vehicle did not have insurance, you and your mom will need to sue the driver/registered owner for negligence.

When you and your mom complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated, obtain the 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 the injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

You and your mom have separate claims based on the individual medical bills, pain and suffering and wage loss; however, both of you should be plaintiffs in the same lawsuit for negligence against the at-fault driver/registered owner of the vehicle.

The lawsuit needs to be filed prior to the expiration of the applicable statute of limitations or you and your mom will lose your rights forever in the matter.


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