The crash itself was bad enough, the horrible sounds, the sudden lurching of the vehicle. Then, above everything else, the pain! Your head hurts, your back is sore, and your arm hangs listlessly at your side. You can’t imagine being able to work for weeks and you begin to wonder: Who is going to pay for these injuries? Both of the cars have been damaged, but you are the only one who is hurt.
In figuring out who is going to pay for injuries, there are a few different elements that need to be assessed. First up is who is at fault, and how much so? At the same time, the type of insurance coverage available must also be evaluated.
Whenever there is an accident, there will be an investigation to decide what happened and who is at fault. There are a few different scenarios from that determination. One person might be at fault, or both may be. It could be the person who is hurt, it could be the other person who is involved in the accident, or both could be hurt and at fault.
Once fault for the crash is decided, then the question of insurance will be determined. For the person who is at fault, it is his or her insurance that will cover the cost of the damages and the cost for the injuries (up to the policy limit). If both parties are at fault, then both parties’ insurance will cover the cost of the damages (up to the amount of the policy coverage and for amounts relative to the responsibility for the damages).
Things are harder if either of the parties does not have insurance coverage. If the person who caused the crash does not have coverage, then your own insurance can cover the costs of your injuries—if your policy has uninsured motorists coverage. Or your insurance may cover the costs of your injuries if you have medical payments coverage.
If there is no insurance in place to cover the damages from the accident, and the other person is at fault, you can always sue that person to cover the costs of your injuries. However, there is a possibility that they won’t have anything to pay your medical expenses
In short, who pays for injuries that result from a car crash depends on who caused the accident and what type of insurance each person has. These are complicated questions with varying answers depending on the specific situation. In any accident where an injury has occurred, getting the help of an experienced personal injury attorney can make the difference in having your injuries covered or not.
Sorting out who is responsible after a crash can be complicated, but you don’t have to go it alone. If you or a family member was badly injured in a crash, call us at 888.777.1776 or use our online contact form. Delays can hurt your case, so please don’t wait.