Who Is Responsible For Your Medical Bills After A Car Accident In Texas?
If you’ve been injured in a car accident, or a family member has been injured, you’re probably worried about how you’re going to pay all of those medical bills. Just who is responsible for your medical bills after a car accident in Texas? That answer depends on the exact circumstances of your accident. It depends on who or what caused the accident, if you were partially at fault, and if the other driver is insured.
Dealing with insurance companies and potentially filing a lawsuit calls for consultation with a Dallas car accident lawyer to help you navigate the system.
Comparative Fault or Proportionate Responsibility Explained
Texas is a “fault” state, in that you can collect damages or sue for damages from the at fault driver or their insurance company. This is only the case if you are not more than 50% responsible for causing the accident. The state Civil Practice and Remedies Code, Chapter 33 lays out the details of proportionate responsibility.
Any damages you are awarded will be reduced by the percentage of fault you had in the accident. If the other driver was found to be 100% at fault, you keep 100% of the damages. But say, for instance, the police or the courts determined you to be 25% at fault, and the amount of damages you were eligible to collect was $10,000. You would only receive $7500, because the damages would have been reduced by 25%, or $2500.
If you were in a single car accident, you are more than likely responsible for your own medical bills, unless your lawyer can prove someone else, or something else, was at fault, such as an auto defect or debris in the roadway from a construction site.
If the Other Driver is Insured
If the other driver is insured, and you are less than 50% at fault as described above, the other driver’s insurance is responsible for your medical bills after a car accident in Texas. But many insurance companies will try and pay out the smallest amount possible. This is why it’s important to have an experienced Dallas car accident lawyer working with you. Whatever you do, don’t sign away your rights for future compensation or agree to a settlement without speaking to a lawyer. You will have to speak to your own insurance adjuster after you are injured in a car accident, but you are not required to speak to the other driver’s insurance company. You may want to read this article about speaking with an insurance adjuster after your accident.
If the Other Driver Was On the Job When the Accident Happened
With the proliferation of ridesharing, the chances of being hit by an Uber or Lyft driver are increasing. These cases can be especially complicated, so you may want to contact an Uber and Lyft accident lawyer. Our law firm also has bus accident lawyers and truck accident lawyers who have experience handling cases that involve a city bus or other transit bus or tractor trailer. In many cases, we can go after both the driver’s insurance company and the employer’s insurance company to make sure your medical bills and future medical needs are covered.
If the Other Driver is Not Insured
If the other driver is not insured, or does not have enough auto insurance to cover your medical bills, your own auto insurance policy may kick in, if you purchased Uninsured / Underinsured Motorist coverage. UM/UIM insurance covers your medical bills and other medically related issues. It can also cover property damage, based on the specifics of your policy.
Types of Damages You Can Seek
If you’ve been injured, right now you’re more worried about paying the medical bills, but be aware that you can seek compensation for property damage to your own vehicle and other property that may have been damaged in the accident, as well as compensation for lost wages. But as far as medical expenses, you can seek compensation for:
- The cost of transport by ambulance
- Hospital bills
- Doctor’s visits
- Outpatient procedures
- Physical therapy
- Occupational therapy
- In some cases, mental health treatment, if you are suffering from something like anxiety or PTSD directly related to the accident
- Medications you are taking due to the accident
- Future medical expenses including surgery and continued therapy
Each individual case is different, so there may be more medical costs associated with your accident. It’s important that you keep all bills and receipts related to your injuries.
Talk to Experienced our firm, a Dallas car accident law firm, for Free
If you or a loved one has been injured in a car accident that was not your fault, you would be well advised to meet with a Dallas car accident lawyer to make sure you get the compensation you deserve. Speaking to one of our experienced lawyers is free and could help you reach a more than fair insurance settlement. We can meet with you in our office, your home, your hospital room, or anywhere else that is convenient for you. Our lawyers are caring and compassionate, and we know how to deal with insurance companies.