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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. Traditional…ly The drivers liability insurance will pay their medical bills.\n. \n Answer \n. \nIt depends on your state's laws, but 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.
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 comp…any and also through the courts. But fighting an insurance company is usually an uphill battle.
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, eith…er 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.
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 unable 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.
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 person 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.
You have no car insurance and are involved in an accident that is not your fault does their insurance still pay for damages to your vehicle?
If you have car insurance and are involved in an accident that is your fault How much do you have to pay?
You have to pay whatever your deductible amount is.
If a pedestrian is found at fault for an accident involving a car can they be sued for an auto insurance deductible?
Yes, The at fault party is responsible.
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 perce…ntage 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.
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 polic…y - 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 the 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.
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.
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.
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 tha…t'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.
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 on…e maintains it for their own benefit. No-fault coverage pays a percentage of the medical expenses and lost wages sustained by 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.
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 insura…nce. 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.