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Who Pays A Pedestrian's Medical Bills In Case Of A Car Accident?

If you are hit by a car while walking, you may be confused as to who should settle your medical bills. This confusion is understandable given that the responsibility for your medical bills is determined by myriad issues, and they vary by state. Here is an overview of the three major parties that may be responsible for these bills, and the circumstances under which they will do so:

Your Medical Insurance Coverage

Your medical insurance coverage should be your first point of call if you wish to settle your medical bills. In fact, it's advisable to take this route even if you aren't sure who should pay your medical bills. If it later turns out that your auto insurance company or the driver's auto insurance company ought is responsible for the bills, it will be up to your medical insurance carrier to seek the reimbursement. If you were working at the time of your injury, then your medical insurance carrier may also seek reimbursement from your workers' compensation insurance.

Your Auto Insurance Coverage

In many states, your auto insurance coverage pays for your injuries if you are hurt in an accident even if you weren't driving. Such claims are usually made under the no-fault insurance coverage or the under insured motorist (UIM) coverage. In some states, this only applies to cases where the pedestrian isn't liable for the accident.

However, there is a limit on the amount your insurance company will be required to pay. Thus, you will normally find that your insurance company no-fault coverage or UIM coverage pays all the medical bills of a pedestrian with minor injuries. The driver's auto insurance coverage pays the rest of the bills if they exceed the predetermined limit.

The Driver's Auto Insurance Coverage

Apart from your medical and car insurance coverage, the other driver's auto insurance coverage may also be on the hook for your medical bills. Factors that determine whether the other driver's insurance coverage should settle the bills include your state's laws, the extent of your injuries, and the liability of the accident. As a rule, the other motorist's coverage will come to your aid if:

  • The driver has been deemed liable for the accident and they have coverage
  • Your injuries are substantial and your medical bills exceed the limit your no-fault or UIM coverage is required to pay

Don't be too concerned with who should pay for your treatment if you are hit by a car. If you are hurt, seek medical attention and worry about the payments later. In fact, failure to seek prompt medical care may work against you when you are finally ready to submit your claim. The responsible insurance carrier can easily claim that your bills are inflated because you failed to mitigate your damages by delaying treatment. Consult apedestrian accident attorney as soon as possible to help you disentangle the confusion and process your entire damages.