Was in a car accident back in early January in California due to a driver making an illegal u turn in front of me causing the collision. He admitted fault and the accident caused me to get a concussion, back pain, neck disk bulge that I still deal with even after all my treatment. I've had x rays , MRI, multiple visits with my doctor , went to a Chiro for ~3 month sessions among other stuff…
Even though my personal health insurance has covered all of this , I know the party at fault is liable for all of this.
If he doesn't have enough on his limits am I responsible for the left over ?
Medical bills due to not at fault accident
byu/No-Cryptographer1226 inInsurance
Posted by No-Cryptographer1226
4 Comments
Technically, he is responsible, but you’ll have to sue him personally and reject any settlement from his insurer that would release him. If he has no assets or is otherwise “protected” from paying you, you’ll have to cover anything left to pay.
How it typically works
1) your health insurance typically has subro rights. Just an fyi.
2) if you dont have pip/mpc (i can’t remember whst cali has). Then it goes to the other person’s bodily injury.
3) if that pays max it then comes back to your UM coverage.
4) Anything more than this is an out of pocket. Either yours or your health insurance from this point on.
Do you have MedPay on your policy?
Tell your insurer your treatments are a result of a 3rd party, you’ll legally have to anyways. They’ll go after him/his insurance for reimbursement. You’ll have to get a lawyer if you want anything for pain/suffering and property damage. I mean you don’t tech have to, but i wouldn’t negotiate without one but you do you.
If you are going to seek pain/suffering/property loss, let your lawyer handle all of this to earn his/her commission.