Visitor Question

How do I get compensation for my medical bills and vehicle loss?

Submitted By: Chayce (Grants Pass, OR)

I was driving home at 4:30pm and was approaching a 35 mile an hour corner going 40. I was just letting up on the gas when out of nowhere a car came straight at me on at the corner. I was hit head on. The other driver was intoxicated and the crash scene clearly showed who was at fault.

I was taken by ambulance to the hospital and so was the driver of the other car, along with his passenger. The intoxicated driver’s license was suspended. Now I do not have a car and have hospital and ambulance bills. I have full coverage insurance on the car and was not at fault. I still owe on the car loan as well.

What do I do? Any tips you can give would be great. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Chayce,

From the facts you present, the issue of negligence is not in controversy. Whether or not you have insurance coverage does not obviate the other driver’s legal duty to compensate you for your damages.

In personal injury claims, damages can include medical and therapy bills, diagnostic tests, out-of-pocket expenses (ex. medications, slings, crutches, etc.), lost wages, and for pain and suffering.

However, there is another issue which may affect your claim. That is Subrogation…

Subrogation is tantamount to a lien on certain proceeds. Imagine a similar case to yours, in which you were injured in a car accident. The accident is entirely the other driver’s fault.

You file a claim with the driver’s insurance company. Meanwhile, your medical bills and car repairs are piling up.

While waiting for your claim with the driver’s insurance company to resolve, your own insurance company steps in to pay for your medical bills and car repairs.

At that point, your insurance company’s right to subrogate is established. This means they can step in between you and the driver’s insurance company to intercept any payments the driver’s insurance company might pay to you representing the same amounts your insurance company already paid to you.

However, this down not include your deductible, or any amount for your pain and suffering, as well as any other amounts your insurance company did not pay to you or on your behalf.

Because of the presumed seriousness of your injuries, you would be best served by seeking the advice and counsel of a personal injury attorney in your area. An experienced injury attorney will have no problem cutting through the red tape of your insurance claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 17, 2017

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