Medical Bills and California Car Crash Insurance Claims
Who Pays Medical Bills After a Car Crash?
Sadly, car accidents can be completely life-changing and they happen on a daily basis. In the state of California, car accident-related deaths occur more frequently than in any other state, with a reported 3,304 fatalities in 2017 alone.
If you are lucky enough to survive, you may be wondering: Who pays for the medical bills after a car accident? And what if extended care is required? Insurance companies and defendants may make an argument towards “comparative negligence” to lower your reward in a car accident settlement.
It’s important to consult with an experienced personal injury attorney as soon as possible. Our experienced team of car accident attorneys will make sure that you receive the compensation you deserve in order to cover your medical bills.
Insurance Laws in California
Due to California’s large population of drivers, strict regulations are enforced. Like in most states, some type of car insurance is mandatory for every vehicle on the road. The costs of these insurance policies may vary depending on region or availability. However, there is a minimum amount of insurance that you must legally have.
- Bodily injury liability coverage – Insurance companies pay up to $15,000 for the death or injury of a single person and up to $30,000 for multiple victims.
- Property damage liability coverage – $5,000 minimum required and used to pay for any property your car has damaged.
- Uninsured motorist bodily injury coverage – Most insurance companies offer this as an optional coverage at the same rate as bodily injury liability.
- Uninsured motorist property damage coverage – A $3,500 minimum is given to no-fault parties who have had their vehicles damaged by an uninsured driver. This coverage is only available if the uninsured driver is found.
Fault vs No-Fault States
According to a recent study, the average driver files an insurance claim every 17.5 years. In California alone, there are over 26 million drivers, which is why it is expected for auto insurance claims to be high.
In no-fault states, there is no burden to prove the liability of any party. Alternatively, the insurance company will pay the victim rather than sue the other driver’s insurance company. Although, the law may cap how much you are entitled to or which injuries are covered.
Fault states, including California, require the plaintiff to defend their stance while examining their level of responsibility. Insurance claims are disputed in court and the amount of the car accident settlement is usually measured based on the negligence of both parties.
Waiting for a Settlement
California law mandates that at-fault parties are responsible for any bodily injury or property damage they cause. A victim’s medical bills may be paid by an individual, the company at-fault, or the guilty party’s insurance company.
Unfortunately, there are cases where the responsible party will attempt to negotiate the car accident settlement for a lower amount. Going to trial can be a long and exhausting process, but most people need their bills immediately to ensure a healthy recovery and optimum quality of life. If the insurance company is playing hardball, there are still a few options that are available to you:
- Your private health insurance – Insurance provided by a private company that can usually be found at Health Insurance Marketplaces where they offer many flexible options.
- Your government health insurance – Typically low-cost or free. These plans are offered through the state. Examples of these types of plans include Medicare, Medi-Cal, or Children’s Health Insurance Program (CHIP).
- Med Pay Auto Insurance – Medical Payments Insurance awards the victim whether they are at-fault or not.
- California worker’s compensation insurance through your employer.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact are only incorporated in 5 percent of all verdicts.
West Coast Trial Lawyers Is Here to Help
West Coast Trial Lawyers will not charge you for a consultation. Our clients are represented on a contingency fee basis. If we do not win, you owe us nothing. There is no financial risk to prevent you from reaching out. Our qualified personal injury lawyers are highly-trained and have extensive experience with cases that are similar to yours. We are committed to helping you resolve your legal issues as quickly as possible while receiving the best results.
Read More About Car Accidents
Our excellent team of car accident attorneys have created several resources for you to read through. Feel free to browse these topics and read the ones you would like to learn about more.
- 7 Crucial Steps To Take After a Car Accident
- Car Accident Victim Compensation
- Uninsured Car Accidents
- How a Car Accident Attorney Can Help
- Accidents and Injuries by Aggressive Drivers
- Accidents and Injuries by Distracted Drivers
- Accidents and Injuries by Drowsy Driving
- Accidents and Injuries by Impaired Drivers
- Accidents and Injuries by Drunk Drivers
- Accidents and Injuries by Inexperienced Drivers
- Accidents and Injuries From Speeding
- Head on Collision Considerations
- Multi Car Collision Considerations
- Rear End Collision Considerations
- Side Impact Collisions
- Car Accident Injury Types
- What to Do After a Hit and Run Collision
- Comparative Negligence – Seat Belt Law in California
- Common Types of Car Accident Injuries
- DUI in California
- Multi-Car Collision
- How to Determine Fault in a Car Accident
- 50/50 at Fault Car Accident
- Car Accident – No Police, No Insurance
- How Can I Stop My Insurance From Increasing
- Whether to File an Auto Insurance Claim or Not
- Compensation for Lost Wage From a Car Accident
- Car Accident Recovery Tips
- No Fault Car Accident
- Legal Guide to Own a Classic or Custom Car in California
- Poor Road Maintenance – Can I sue the City for My Car Accident?
- Los Angeles Traffic, Accidents, and Safety Tips
- Car Accidents While Driving a Rental Car
- Who Pays Medical Bills After a Car Accident
- Car Accident Property Damage Settlement Guide
- Loss of Consortium
- Car Insurance Law for New California Residents
- Med Pay Auto Insurance
- Filing a Car Insurance Claim in CA
- California Sees Speeding Double Due to Coronavirus: It’s Impact on Insurance
- Can I Change My Car Accident Lawyer?
- Should I Hire a Lawyer for a Minor Car Accident?
- Why Do I Need a Lawyer After a Car Accident?
- Single Vehicle Collisions
- Most Common Types of Serious Auto Accidents
- California Car Accident Statistics
- Rollover Accidents
- Drag Races in California Road During Coronavirus
- Weather Conditions and Car Accidents
- What Happens If I’m Injured in an Accident While Visiting California?
- Psychological Injuries After a Car Accident