In California if you do not have auto insurance and you are involved in an accident that is not your fault does the insured at fault have to pay your medical and or pain and suffering?
California law restricts owners and operators of motor vehicles injured in a motor vehicle accident from recovering compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages if the injured person was not insured at the time of the accident
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What happens when you are involved in an auto accident and it is your fault and you have no auto insurance?
The person can sue you for the damages. Garnishing your wages or property. In many states in Georgia you can also face criminal prosecution including fines and time in jail.
If a pedestrian is found at fault in an accident involving a car and pedestrian which insurance would pay the medical bills - the auto insurance or the pedestrian's health insurance?
\n. \nSince Pedestrians always have the Right of Way, It is very rare if not impossible to find them at fault unless fraud or gross negligence can be established. Traditionally The drivers liability insurance will pay their medical bills.\n. \n Answer \n. \nIt depends on your state's laws, bu…t typically -- and strangely enough -- you'll find that the auto insurance will cover the pedestrian's medical bills. On the other hand, if your state doesn't require you to carry medical coverage (either Medpay or PIP) on your car insurance, the pedestrian might have to go to his or her health carrier.\n. \nThe reasoning behind this is that, despite liability, it's against public policy to not cover the medical bills of a pedestrian hit by an automobile. If auto insurance didn't pick up those bills, it would have a cascade effect on all the medical providers and vendors who attended the pedestrian. (MORE)
If you are involved in an accident with a person who has no insurance and they are at fault does your insurance pay for repairs to your vehicle if you only have liability insurance?
No, Liability Insurance is just as it says, Liability only pays for damage you cause to another. It will not pay for damages to your vehicle if you had only liability coverage. s from other contributors Usually they don't. If you had no type of uninsured motorist protection which doesn't cost t…hat much it's in your hands basically to repair your damages. You could sue the assailant for everything they are or ever will be worth but after you win the case they will eventually declare chapter 7 bankruptcy and you'll never get anything from them. Take my suggestion and GET uninsured motorist coverage on your next vehicle. It may cost a little more but it's well worth it. another answer: I live in Texas, and, yes, the liability only pays for the other vehicle, assuming you were at fault. If the other driver was at fault, their insurance should pay you. HOWEVER, I want to explain something that most people don't know. If you have only liablility, and your car burns, you hit an animal, a tree falls on it, or ANYTHING that is not your fault, including running off the road and hitting something, you are just out of luck. BUT, if you have "COMPREHENSIVE INSURANCE" you will be covered for all of these things. Comprehensive insurance is VERY inexpensive, and if you have to file a claim using it, your rates will not increase. I drive older vehicles, and full coverage isn't feasable, so, I have liability and comprehensive on them. Several years ago, one of my trucks burned, and I was comphensated very fairly for it. If I had had only liability, well, I'd been walking. Please check it out if you are used to paying for only liability. I don't think comprehensive will pay if the other person just didn't have insurance, but, it will pay you if an "act of GOd" has happened, something unavoidable, like fire, and accidents not involving other vehicles. billlyh In the state of Kentucky they have "no fault" insurance which is mandatory even on only liability....so you're covered in the event someone else causes the accident. However, after your car is fixed and there is no other insurance company to collect off, then your insurance will go up to pay for the claim. There is also "uninsured/under insured" riders. Check with your insurance company and state Dept of Insurance. (MORE)
Does the other insurance company have to pay for all medical bills if the accident was their client's fault?
Depends on what state you are in and what your state's laws are. If you're in a no fault state, your insurance will pay for all of your medical bills no matter who is at fault.
The insurance company will subrogate (come to you for payment) you for all payments including their insured's deductible, repairs, injuries, rental etc. You more than likely will lose your license and any plates and suffer with many fines as well. Best to be upfront contact the company and work out …a payment agreement if you do not have all the money required . This could also cause you trouble in getting insurance in the future....(many companys will not insured a person/property that has went 'uninsured' for any length on time).sorry (MORE)
What can you do if you are involved in an accident was not your fault and the other driver has no insurance?
if you have collision coverage file under that then your company will subrogate the uninsured driver...if no collision coverage you can file a state report, and/or small claims action.....
If you are at fault in a wreck can your insurance only pay medical bills and refuse to pay for pain and suffering or for transportation to the doctor?
It's not actually a refusal. It is whatever is stipulated in your policy. Insurance companies are very careful about wording in documents. Although you can appeal to the company and also through the courts. But fighting an insurance company is usually an uphill battle.
You need to contact your agent of policy services dept. for your insurance company and they will be able to tell you this is company specific in most cases.
If an auto insurance pays for medical claims and a settlement is received from an at-fault driver for bodily injury is that to repay the insurance co?
According to my insurance company, if i receive money from theat fault other driver as in a settlement, then yes I have to repaymy own insurance company for the medical related expenses they paidfor me that fell under my medical coverage policy. So if you have10,000 in bodily injury and you used 5,0…00 in medical and you wereawarded 20,000 by the other insurance company, you must pay themback that 5,000 and can keep the rest. This may not be true for allcompanies. Your claim advisor or insurance agent should be able toanswer for you. The other screwy thing is that if you have to go tocourt to get a settlement or any money awarded, my insurancecompany said they will not pay for any costs associated with alawyer or court but that if I get any money, I HAVE to pay themback all the medical they paid out on my behalf. I can choose toget whatever settlement is offered and get the leftovers, I canhire an attorney(out of my pocket) or I can do nothing. I am notsure why we pay these people. . In the UK there are very clear distinctions betweencompensation for pain and suffering for bodily injury and financialexpenses such as medical expenses. Often the sums paid by your autoinsurer on your behalf including vehicle repair expense will beclaimed directly by your auto insurer from the person at faultwhilst your solicitor deals with the claim for your bodily injuryand additional financial losses. However, your solicitor willliaise carefully with your auto insurer to ensure that theinsurer's rights are not prejudiced and all proper monies arerecovered. To see examples of the types of compensation you canclaim click the related link entitled "traffic accidentcompensation". . In Florida, the answer depends on whether you haveuninsured/under-insured motorist ("UM") coverage. First, your owncompany must pay the first $10k, then the at-fault party must paythe remainder, up to the policy limits. If the at-fault party'spolicy limits do not cover all the expenses and you intend to seekthe unpaid remaining expenses from your policy (the UM coverage)and not from the at-faulty party, then you must obtain permissionfrom your own insurance co. prior to settling for the at-faultparty's policy limits. As to the first bulleted answer above: thatperson should really find someone UNBIASED to seek advice fromother than the employee of the for-profit insurance company. (MORE)
Do you need a attorney to get an at fault insurance carrier to pay you a fair settlement for medical and pain and suffering?
Yes. The attorney works for you and your interests such as personal property, medical expenses, lost wages and settlements for pain and suffering. The insurance company, either yours or theirs, works for the insurance company and will give you only the minimum required by law based on a scale which …computes market value of personal property, exact costs of medical expenses, exact lost wages from time off of work due to injury and as close to zero that they can legally come to in settling pain and suffering compensation. (MORE)
Answer . \nNot if it happened on private property and generally speaking if you weren't issued a ticket at the scene of the accident you most likely won't get one later.. Answer . The insurance company can't issue a citation. Only the police can do that.
Involved in a not-at-fault accident is it your fault or the owner's for driving their uninsured car if you thought it was insured?
Ultimately, the driver is responsible for everything that that is caused by or contributed to while the driver is in the vehicle. Lights don't work? Drivers fault. Not insured? Drivers fault. Answer If you drive a car that is not insured you can be ticketed for that. If you were not at fault in t…he accident then hopefully the other driver had insurance otherwise the damage to your friends car will have to be paid out of pocket. If that were the case then you could attempt to take the at fault driver to court. It is the responsibility of the owner of the vehicle to have the vehicle insured. Answer The law clearly states that it is the driver's resposibility to make sure that the vehicle he/she is driving is properly insured and there are no acceptions, you will be ticketed. (MORE)
Answer . They can sue you. If you have no money in the bank or no assets (a home, vehicle, valuables), then it won't do the other person any good. It will be nearly impossible to get insurance now that you have an accident on your record without coverage (big no no). In the mean time, hopefully t…he other person has insurance to cover themselves against people who are uninsured in an accident. (MORE)
Who pays the medical bill if you are involved in an accident where the at fault party is uninsured and you don't have uninsured motorist coverage but you do have medical insurance?
This is a great question. My husband was hit by a car while on his motorcycle last June. He DID NOT have uninsured motorist on his bike and the woman had no insurance at all, so unfortunately we could not go after her for any money. He was in the hospital for one month, 8 surgeries and is still unab…le to walk like he used to and may never be able to. He lives in constant pain and because we did not have uninsured motorist coverage on the bike, we are at a loss. However, I am attempting to use my auto insurance to try to recoup some money. My husband's health insur. paid the hospital bill of over $300.000.00, but now has a lien on my home for the remaining balance of $165,000.00. My attorney is in negotiations to get that waived. We did recoup $25,000.00 from the owner of the car she was driving's insurance, but Blue Cross is taking that, we do not get a penney. My attorney never advised me to use my medical coverage of my insurance, so I don't know if that could help or not. Maybe I'll try that route too!!. Hope I've been of some help.. Check your auto insurance policy to see if you have medical payments that will pay your medical expense up to $ amount. If you do, then your insurance company will pay up to the $ amount. Or, if you do not have auto medical insurance, have your regular medical insurance pay.. Answer . The person at fault needs to pay your bill. You need to take him to court and have his wages garnished for your bills. If that is not a possibility for you, then your medical insurance should cover it. Answer Also, check with your insurance agent regarding the extra medical coverage you may have purchased along with your auto insurance policy. Most have some. (MORE)
Answer . Since you are not suppose to even be on the road without insurance, you will get a fat ticket for this and probably have your license suspended. Also, you will have a VERY hard time getting insurance. If you are lucky enough to get insurance, your premiums will be nearly impossible to a…fford. The other driver's insurance will pay for her own damages and maybe yours, but that will be a battle all by itself. (MORE)
If you have no fault auto insurance will your insurance rates increase if you happen to be in an accident in which you were not at fault?
Generally speaking, no.. However, in any moving incident/violation, your driving record is checked. If it turns out that you have a few past speeding tickets, and maybe another previous accident or two where you were not at fault, the insurance company may choose to tag you as a high-risk driver an…d increase your premium.. On the other hand, if you are a driver with a spotless record, your rates will probably not go up in the event of an accident where you are not at fault. (MORE)
What do you do if you get into a accident with someone who does not have insurance and you are not at fault?
Answer . Most no fault insurance laws protect the not-at-fault party. Your insurance will indemnify your loss and penalize the un-insured motorist. DO NOT make outside deals with an uninsured person after an accident as this limits your ability to make claim.
\n. \n Answer \n. \n. \nNo lovey not if your the one at fault... Insurance only covers the other person if your at fault sorry honey.....\n. \n. \nIt depends on what insurance coverage you have. The liability coverage that all states require you to carry on any registered vehicle will cov…er the other person's damage. If you also purchased collision insurance, that will pay for your vehicle (less the deductable). (MORE)
What are your insurance agent's responsibilities to you after an auto accident in which you were not at fault?
Answer Your insurance agents responsibility is to assist you in forwarding your loss or accident notice to a claims dept. Your agent is almost always not allowed to adjust your claim as this would be a conflict of interest and could jeopardize his insurance license with the State. Your agent can… also act as your advocate in that he can help you clarify your position on the loss to an adjuster. but he can not help you get your car fixed and can not "go after" anyone on your behalf lest he find himself with no insurance license and looking for a new line of work. Your agent is licensed as an insurance agent. Claims adjusters are licensed to process your claims. The two licenses have very clear boundaries under state regulations. Some companies (very few) may allow an agent a limited authority to release a small portion of funds for immediate relief to assist you if you have full coverage but the agent can make no final determination of a pending claim on behalf of the company. To do so would be an overstep of his scope of authority and would be considered a violation of Ethical standards. Answer If you have "comp and collision" insurance (coverage that repairs YOUR vehicle) your agent should help you get your vehicle repaired and should go after the other insurance company to get it paid for. If you only have Liability insurance, you get to chase down the other insurance company yourself and seek compensation for damages. If the damage is small and the other insurance company is trying to just get you to go away, you may need to sue, in which case you might want to talk to a lawyer. If the other driver is not insured, you might just be out of luck. (MORE)
Are auto insurance companies in California responsible for working with the other party's insurance company to determine fault in an accident?
Responsible Party . Usually your insurance company will make that determination. The only time I can think of one insurance company working with another company to determine fault is if stories are mixed, or circumstances (such as weather, pedestrians, noise, etc) are too complex to tell initial…ly. (MORE)
Obviously, you can get a ticket. You also can be sued by the victim and the victim's insurance company for damages. They will look at your assets and see what can be liquidated to pay off the judgment. This could bankrupt you, depending on your state's rules for what assets you can protect from liqu…idation. The victim will have an attorney who will get paid at least a third of what is collected and has a strong motivation to get every last penny they can from you. Going without liability insurance is a very, very, very bad idea, not to mention it is against the law in 49 states. (MORE)
You will definitely want to seek the advice of an attorney. Just because the at fault driver doesn't have insurance, doesn't mean they are not responsible for damages. If you have a strong case, you may wish to move forward with a lawsuit - to which there may be an out-of-court settlement. If the pe…rson you're planning to sue doesn't have any money, you may just be spinning your wheels because they won't even have the funds to pay any settlement. Choose your battle. (MORE)
Answer . Yes only for Auto, Campers, Motorhomes while on the highway What's No-Fault Insurance?No-Fault Auto Insurance Coverage pays for each driver's own injuries and property damage, up to the limit specified in the policy, regardless of who caused the accident. Because No-Fault insurance var…ies by state, ask your claim representative if this applies to your situation.Ref: Allstate @ http://www.allstate.com/claims/auto-insurance-faqs.aspx (MORE)
Answer . If the other person has insurance, you will probably be contacted by their insurance company. You'll have to foot their repair bill or risk being sued.. Depending on your State's laws regarding insurance requirements, you may also have to pay a fine in traffic court, provide proof of h…aving since obtained insurance, or possibly risk losing your license. Read up on your State's laws on their website for that information. (MORE)
Can you sue at fault driver in California who has insurance if his insurance company refuses to pay your claim for medical expenses or do you have to sue his insurance company?
yes. you can sue an at fault driver if his insurance company refuses to pay your claim. it would not be proper to sue the insurance company.
Can you go after the auto insurance co of your employer if your involved in an auto accident in your work vehicle and it was your fault?
Yes. If it's a company car and is insured through your employer, the employer's insurance company would pay out the claim. The accident would still show up on your record though.
Question If you are involved in and auto accident in Florida and the other driver is at fault but has no auto insurance and you are injured can you sue your insurance company for injuries?
No, you cannot sue your insurance company for injuries....actuallly, I take that back. You can sue anybody for anything...but in this case, you would not win. Your policy should have a coverage called Uninsured Motorist Coverage. Typically, this would cover the injured parties in your vehicle if the… accident was caused by an uninsured driver. This would cover your injuries in such an incident. Unfortunately, this coverage is not discussed by most insurance agents and is included as an afterthought. Be sure to check your policy and see if this is there. You should never have a lower Uninsured Motorist coverage than your Bodily Injury amount. (MORE)
\nI turned the corner on a residential street with no double yellow and there was a suv/van on the left with room to go past on the right. I didn't notice whether a blinker was on, but it was moving slowly. I continued straight and the van took a sudden turn into a driveway on the right. I slammed …on the brakes but we collided, my subaru wagon's left side behind the headlight met his bumper, as the van was higher. He had no damage. My car was bent in at the corner. \n. \nHe said as he had no damage there was no need for a police report, and I would be cited for passing on the right. I wonder whether he should have looked before turning. I saw a blinking front right blinker when he hit me, but did not notice whether his back blinker worked.\n. \nI went home with him not wanting to be involved in any way. Could I have been hit in a parking lot in the same way? Is that enough to tell the insurance co.?, Or could he possible have some fault for turning into me and not looking. I wish I knew if his rear blinker worked, but I didn't think of this until I got home. (MORE)
He may be at fault for not having insurance. He may or may not be at fault for the accident. Whether or not a driver carries insurance is a separate issue than the one concerning who is at fault in an accident. Do not confuse them or let them overlap. A good, objective assessor won't.
You were in an accident and the other party was at fault Their insurance company is paying to fix your vehicle but their insurance co wants to give you next to nothing for your med pain and suffering?
See a Lawyer who specializes in personal injury and auto claims. Be wary if the lawyer wants more than 25% of any recovery as a fee. Most states have a cap on what percentage a lawyer may be paid in the event any monies are recovered from the other insurer. NO matter what, DO NOT sign any release… forms until you have consulted a lawyer. (MORE)
You need to be more specific about where the loss occurred. If it happened in a no-fault jurisdiction, your right to sue is typically more limited than in a tort jurisdiction.
There could be a couple of reasons why the Auto Insurer is refusing to pay full amount of at fault accident:. a) There would be a deductible condition in the policy - which would mean that you will have to bear or pay the deductible amount out of your pocket.. b) If this is the claim amount for th…e vehicle - it would be a part applied to depreciations of the vehicle.. c) If the claim is above the total coverage (limit of Liability) the insurer might have paid his share up to this limit and so you would be responsible for the amount which is above this.. Remember that the insurer would not refuse to pay you once he has admitted liability unless it is not payable as per the policy condition. Please go through the policy conditions and asked the insurer for his reasons of non-payment. (MORE)
No, if it is your fault you are not eligible to received diminished value from your insurance company. It has to be a third party claim, ie the party at fault's insurance company pays the damages if you can recover them.
If you are involved in an accident with a person who has no insurance and they are at fault does your insurance pay for repairs to your vehicle?
Only if you have Uninsured or Under-insured motorists coverage. If so, your insurance company will pay the damages and will legally pursue the other party to recover the funds.
If you are in an accident and it is not your fault will the other insurance pay if you do not have comprehensive insurance?
Yes. The terms of your insurance policy are not relevant if the other party is at fault.
Laws may vary state to state. In Georgia it is a criminal offense to drive without auto insurance. Although you may not be held liable for property damage or bodily injury to another party, you may face legal action including fines and possible jail time.
It depends upon State law and the way in which the insurer has "filed rates" with the regulator. That is, some states have prohibitions against insurers increasing rates when a claim does not exceed a stated amount, even if the insured was at fault for the collision. I cannot comment on Mass. law in… that regard; your insurance agent would have that information. Naturally, if a claim would have an adverse impact upon your rate, you can choose to pay the claim without the involvement of the insurer. This would be a business decision for you to make. Among the factors to consider are the amount of the claim, whether it is for property damage only or bodily injury damages, the amount, if any, of the immediate rate increase, and for how long the higher rate would be applied/collected. The premium that you pay is a function of the rate. The rate is a dollar amount per $100 worth of insurance. Therefore the premium is calculated by multiplying the amount of coverage that you have (in $100 increments) by the rate. If the claim is for bodily injury, where the amount of damages cannot be immediately determined, you may wish to have the insurer handle it regardless of the impact upon the insurance premium that you pay in the future. This is because your liability insurance not only pays sums for which you may be found liable, but it also provides a defense if you are sued. That is, it pays defense counsel to defend you and related court costs. In all events, if you are going to have the insurer handle the claim for you, it is important that you report the claim to it promptly and cooperate in all respects with its investigation of the claim. (MORE)
If "it" is not your fault then you do not have to pay regardless of insurance. However, you may have to prove in court that "it" is not your fault and although you can counter sue to recover your court costs if you win the case, your lawyer will probably want some money up front, and you might lose …even if you are not at fault. As for whether insurance will pay- they only pay for the people they insure subject to the conditions of the policy. If you caused the damage you are likely legally liable even if you did not intend to cause it. (MORE)
Your own underinsured / uninsured (UM) policy is designed to pay to you, the policy holder, if an uninsured or underinsured person is at fault and causes injury to you but that's only if the other driver was at fault and you were injured. If you injured yourself in the accident (you were at fault),… then your insurance will NOT pay pain and suffering awards. If they did, there would be many, many, many people who would stage accidents to 'injure' themselves and then claim pain and suffering awards. (MORE)
Who pays the medical bills if you are involved in an auto accident where the at fault party has insurance and i was a passenger in car that was hit?
Most states require auto owners to maintain "no-fault" coverage; it is sometimes referred to as "Personal Injury Protection". It is a first-party coverage, which means that one maintains it for their own benefit. No-fault coverage pays a percentage of the medical expenses and lost wages sustained b…y an injured part in an auto collision, and benefits are payable irrespective of fault. That is, your own coverage pays benefits even if you caused the collision. Depending upon the state in which the policy is issues, a deductible of some amount may be allowed. A deductible is the amount which the insured is responsible for paying before insurance benefits are triggered. A similar coverage, which pays over and above no-fault is called "medical payments" coverage. An additional premium is charged for this because it is an optional coverage. It also is a first-party coverage which pays irrespective of fault. (MORE)
If the other driver was at fault and had liability insurance, you may be able to recover these damages. However, many states only require that drivers or registrants of vehicles have property damage liability insurance, which only pays for property damages caused by their negligence. Also, most sta…tes require that you sustain a permanent injury to a part of your body in order to maintain a claim for pain and suffering damages. The permanency must be validated by a health care professional. Therefore, without knowing more, it cannot be said with certainty whether you can recover these damages. (MORE)
When this happens, your Insurance company pays for damages. If the accident is your fault, your insurance rates can go up.
hope to god the other car has 3rd party insurance. Third Party insurance covers you for damage caused by your car to property owned by a third party in the event of an accident. That means you're covered for any damage you may accidentally cause to someone else's property.
No fault coverage is a type of auto coverage that most states require a registered owner of a car to maintain. It pays a percentage of the medical expenses and lost wages of that person or members of his/her household who may be injured as a result of a collision. It pays the covered person without …regard to fault for the collision. It pays nothing to the driver or owner of the other vehicle or property involved in the collision. (MORE)
Pray and Pay. You will be responsible for all costs associated with the accident. If you don't have the funds to pay the entire claim the more than likely the other party will file the claim on their uninsured motorist section of their auto policy. The UM will act as your insurance would have if you… had insurance. They will then come after you for all amounts paid, plus interest, legal fees, and collection costs. In order to keep the legal and collection costs at a minimum you should try and work out a payment plan with the insurance company. Depending on the state you live in you will probably face severe penalties, fines, and loss of your license. Some states will take your license until the amount owed is paid in full. You may be able to get a limited permit to go back and forth to work only. (MORE)
How long does an at fault insurance company have to settle your auto accident claim if they are at fault?
it depends on whose fault is it. if yours than around 8 months. if there's than probably 4 months.
What happens if the driver who is not at fault for an accident does not have insurance in California?
Typically, the uninsured driver will be cited for it, and your insurance co. is liable for the damages.
Contact the other parties insurance company and hope that they have uninsured motorist coverage which will not help you in any way except that the person you hit will be paid for all damages you did and you will be able to work out a payment plan in order to repay the insurance company for these los…ses plus interest. Maybe this will keep you out of jail. Depends on your state laws in that matter. In most cases I have seen you will loose your drivers license until this is paid in full. Perhaps if you show the judge that you have done this they will issue you a permit to drive back and forth to work. (MORE)
Not in most states. The other person who was at fault's insurance will pay for your injuries as well as damage to your vehicle and property.
What if you were in an auto accident and you are not at fault but you do not have auto insurance in California?
If the other driver is at fault and has insurance, their insuranceshould still pay the claim. However, you may still face significantlegal penalties for driving without insurance. Your drivers licensemay be suspended and your car may be impounded, and the cost ofinsurance when you get it (which you …have to, in order to get yourdrivers license or your car back) will be much higher than it wouldhave been if you had purchased it before the accident. You shouldprobably consult a qualified attorney for advice on how to minimizethe cost. (MORE)