The answer to this question depends on a variety of factors. However, if you or your passenger is seriously injured in a car crash, your first concern should be getting medical care, not who is going to pay for it. Once liability is worked out and settlements are negotiated, reimbursements will be issued if necessary. In general, the party responsible for causing the accident is also responsible for paying for it.
When the Other Person Pays
If you share none of the fault in the accident, the other driver will be responsible for paying all of your costs. These costs are paid through the at-fault party's liability insurance and will cover your personal injuries and car repairs. However, the amount you receive will be limited to the amount of insurance he carries. If he has the minimum required by law in Indiana, your maximum payout will be $25,000 per person for bodily injury and $10,000 for property damage. If your costs exceed that, you may have to look to other sources for payment. One source may be the at-fault driver’s umbrella insurance policy, if he has one.
When You Pay
If the other driver is at fault, but does not have insurance or does not have enough insurance to compensate you, your own uninsured/underinsured motorist coverage will pay your medical costs and may cover property damage as well. You may also look to the following sources:
- Your health insurance
- Your medical payments coverage insurance policy
- Collision insurance on your car
If you were at fault in the accident, your liability insurance will pay for the injuries and property damage of the other driver. If you have collision coverage, that will pay for your vehicle damage. You will have to look to your health insurance for medical care, unless you have medical payments coverage with your insurance company.
How an Attorney Can Help
As you can see, it is important that you carry comprehensive insurance to protect yourself in the event of an accident. Whether the accident is your fault or not, you may end up relying on your own coverage to get you through. And while you may be entitled to compensation, insurance companies almost always fight back. An experienced car accident attorney from Keller and Keller will know where to go for compensation and will negotiate for the best possible award so that you can focus on your recovery. Call us today for a free consultation.