If someone with only liability insurance hits you from behind is it their responsibilty to handle you med cost

Question

I was involved in a car accident this idiot hit me from behind in the toll plaza apparently under the influence, he admitted fault and his insurance is paying for a rental car and the repairs to my car, but I have been to see a chiropracter for my neck and back, which lead to 6 weeks of therapy.... is he responsible for payment of my medical bills and any pain and suffering???? If he only has liability on his vehicle? We live in Houston Texas if that makes a difference.

Answer 1

since you were rear-ended, his liability insurance will cover the cost to repair your auto and your bodily injury;

fighting saints is correct on time frame and possibility that you will need your own insurance company to pay for your medical bills and they will then go after the other company for reimbursement;

some other notes; if other party was either DWI or under the influence is to your advantage if proven; most companies want to settle asap on these cases;

also; dont belive you are worth 3 times more than your medical bills; i have been in the insurance industry for over 10 years and 4 companies, and i have yet to see this; you have a soft tissue aka "whiplash' injury; this does not have a lot of value, so if you expect 3 times, you will be fighting the insurance company for the next 2 years with the same result;

now if this was a serious injury; ie; fractures, scarring, surgery, disfigurement, brain injury, permanent impairment, etc, that is a different matter;

also; once you settle, they will have you sign a release which means, if you believe it is not enough to pay your medical bills, you are precluded from suing the other guy, since the release also releases the other guy from being sued; that is what insurance is for, to protect the insured from being sued;

my suggestion; do not settle until you have finished treatment for your injury; at that time, see what they offer you; if you believe it is not enough, you can then seek the advice from an attorney; but an attorney will take 33% of any settlement; there is no guarantee that you will make more with an attorney then you do on your own after the 33%. but that will be your decision to make;

good luck

Answer 2

It really doesn't matter if they have insurance or not, in most states if you are hit in the rear of the vehicle( behind the drivers door and back) as described by DOT they are responsible for all damages.
Even if his insurance does not cover your medical expenses don't worry, you auto insurance will pay for it and then they will chase down the party at fault and get their money.
In Texas you are safe, also because he was intoxicated also automatically put him at fault, if the DUI charge is proven.
One last word of advice, The insurance company will want to settle with you as fast as possible, don't do it, make sure that you feel one hundred percent again before you settle. And the figure for medical & Pain and suffering is 3 times the medical bills.
So, go to the chiro, doctor and when you are done get those bills, if the total for all the bills is $1000.00 dollars then your settlement should be $4000.
The insurance company will settle for the auto repairs seperatly. What ever you do, read the back of any check from the insurance company, They will write on there above where you sign, " By signing this document you agree to release and hold harmless this insurance company for any damages now or in the future."
If the check has this on it make sure it's your last check otherwise don't sign it call a lawyer.
Best Regards & I hope you feel better.

Answer 3

Allow me to add one more thing. His company may not pay your medicals as they become due for payment. Ask the adjuster from his company WHEN they will pay for your bills. They may give the money to you at the end of your claim and then you have to pay the bills.

If you have some kind of medical coverage on your car then present the bills to them first as they will pay them within 30 days if they are for reasonable treatment.

Most companies will not pay the medical bills of a third party (that's you in this case) until the claim is settled and that can be months or years after those medical bills are due for payment.

Ask questions so you don't get any bad surprises.

Good Luck

Answer 4

Regardless of the direction, the key words are 'he hit you'. So yes, he is responsible for the accident and all the related costs and liabilities.

Its important to distinguish that HE is responsible.. not his insurance company. They step in and act for him to the extent that his policy provides. If he lacks coverage in any area that does not relieve him of the responsibility to 'make you whole'.

So..

Advise him of the medical costs. You can also advise the insurance company and then wait. If you are healed, then the matter has a fixed amount. If you are still healing - as in physical therapy or ongoing treatment then some way of settling some of the bills to date may be appropriate.

Bottom line is simply that if the insurance does not cover it he must. THe court is your ultimate venue if he fails to do so.

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Answer 5

Yes his insurance will have to pay. Do you have a lawyer? If so give all the medical bills you get to your lawyer. If he was drunk or high you may have a law suit. The only thing his insurance wont pay for is his injurys if he doesnt have PIP (peronal injury protection)

Answer 6

Yes, liability covers all liabilities. There are two parts to the coverage of liability: property damage and bodily injury. Send all your med bills to his insurance company.

Answer 7

His liabibility insurance will pay for your doctor costs. Pain and suffering will need to be discussed with his carrier. Make sure you are well before signing off with his insurance company.

Answer 8

Yes. That's what the liability coverage is for. Contact his insurance and let them know. If they refuse, get an attorney and you'll get results.