State Laws
Personal injury law & medical bills

The matter of who pays the medical bills in a motor vehicle accident is decided by the type of insurance involved and the state in which the accident took place. In states (such as California) that do not have no-fault insurance, the party who is at fault for the accident is responsible to pay the reasonable medical expenses of the other party.

Generally speaking, in states that have no-fault insurance, a car owner who is injured in an accident collects up to a certain amount for personal injury from his or her own insurance company regardless of who was found to have caused the accident. However, some states, while under a general no-fault system, still factor in some degree of fault for recovery of certain types of damages. Under these partial no-fault systems, the insurance company of the responsible party - either you or the other driver - is obligated to pay the medical bills of the party who was not at fault, but might not be obligated to pay for that person's pain and suffering, loss of income or loss of consortium. Many states have unique rules regarding their no-fault laws. It is strongly advised that you immediately consult with a qualified personal injury lawyer in your state for details.

With uninsured motorist coverage, a driver - or a member of the driver's family - will be compensated for injury inflicted by an uninsured or a hit-and-run driver, if that driver is at fault for the accident. In some states, this insurance may include under-insured motorists. This coverage is generally not necessary in no-fault states.

Medical payments insurance provides for medical expenses, regardless of fault. With this insurance, you and your family are also covered while walking or riding in another car. Personal injury protection insurance, or PIP, is even more extensive than medical payments insurance. This kind of insurance guarantees payment up to the limit of the policy, even if the accident was due to the policy owner's own negligence. For more information, contact your insurance company or a personal injury lawyer.

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