Who Pays the Medical Bills After a Car Accident?
Who pays the medical bills after a car accident depends on the insurance involved, who was at fault, and other factors. It’s complicated, which is why many people turn to us for help.
In this blog post, we’ll outline all the factors that should be considered when determining who pays the medical bills. However, you don’t need to do this alone.
You’re probably in pain, missing work, and the bills pile up. We know how hopeless and frustrating it can feel. That’s why we do what we do. At Rosen Justice Injury Lawyers, we take pride in relieving our clients’ stress and confusion. We get them the answers and compensation they deserve.
Minimum Insurance Required in Pennsylvania
The first step in determining who pays the medical bills in a car accident is understanding the two types of auto insurance mandated by state law: personal injury protection (PIP) and liability coverage.
Personal Injury Protection (PIP)
Personal Injury Protection covers medical expenses and lost wages for you and your passengers in a car accident, regardless of who was at fault. The minimum coverage amount is $5,000.
That means if you get in a car accident, whether it was your fault or not, your PIP insurance covers $5,000 in injury-related damages for you and your passengers.
Liability Insurance
Liability coverage pays for damages to other drivers and passengers. If another driver caused your accident, they should legally have liability insurance to pay your medical bills.
However, there’s a limit to the coverage drivers must carry. Another driver’s insurance may only cover up to $15,000 of medical bills for you, or $30,000 for you and any other passengers. Plus, it should cover at least $5,000 in property damage for your vehicle.
Optional Insurance
Many drivers have more than the legally required minimum amount of insurance. Here are additional insurance plans that impact who pays the medical bills after a car accident.
Higher PIP
Your own auto insurance might offer higher coverage for you and your passengers than $5,000. If you purchased a plan with a higher limit, your insurer may cover more of your medical bills from the car accident.
Higher Liability
The other driver might have bought more liability coverage for themselves. Instead of covering only the required $15,000/$30,000 in damages, it might cover thousands of dollars more for you and your passengers.
Uninsured/Underinsured Motorist (UM/UIM) Insurance
Your car insurance might include Uninsured/Underinsured Motorist (UM/UIM) coverage. That should kick in if the other driver doesn’t have the legally mandated car insurance they’re supposed to have. It also should kick in if the driver has the legally mandated car insurance, but it isn’t enough to cover the damages to you and your passengers.
For example, if the other driver has the minimum allowed liability insurance plan, it only covers $15,000 of your damages or $30,000 total of you and your passengers’ damages. So let’s say your spouse and two kids were in the car and also injured. There’s a good chance that $30,000 won’t cover all of your medical bills and damages. If you have UM/UIM insurance, it should help cover any medical bills that exceed this limit.
Full Tort vs. Limited Tort Coverage
When drivers in Pennsylvania buy their legally required car insurance, they have an option to choose a “full tort” or “limited tort” plan.
Full Tort Plan
If you buy a full tort plan, you retain the right to sue another driver for all damages due to their negligence. This includes economic damages, like medical bills and lost wages, and noneconomic damages, like pain and suffering and emotional distress.
Limited Tort Plan
Limited tort plans are cheaper. The downside is that you give up the right to sue another driver for damages in certain situations. You also can’t typically recover compensation for noneconomic damages unless:
- You were seriously injured (loss of bodily function or permanent dismemberment);
- Your loved one died (wrongful death);
- The at-fault driver was intoxicated;
- The at-fault driver was from out of state; or
- The at-fault driver was uninsured.
A skilled car accident attorney can help you determine if your accident qualifies for these exceptions.
Comparative Negligence: What if You Were Partly at Fault?
In Pennsylvania, comparative negligence is another wrinkle to consider when determining who pays the medical bills after a car accident.
Comparative negligence applies when you were partially at fault for the accident. Your eligible compensation drops the same percentage as your level of fault. So, if the court finds you were 10% at fault for the accident, your compensation will be lowered by 10%.
However, if the court finds that you were more than 50% at fault, you aren’t eligible for any compensation. That means the other driver doesn’t have to pay for any of your medical bills or other damages.
FAQs
Here are a few questions that we often get about paying for medical bills in a car accident.
What Happens If Medical Bills Exceed Policy Limits?
It’s not uncommon for medical bills to exceed policy limits in serious car accidents. Let’s say your medical bills are $50,000, but your PIP only covers $5,000, and the other driver’s liability insurance maxes out at $15,000. That’s still $30,000 unpaid.
This is typically when you need to file a personal injury lawsuit against the at-fault driver.
What’s the Average Cost of Car Accident Medical Bills?
There’s no definitive average cost of car accident medical bills. It depends on the injury. But we all know even basic healthcare is expensive. If you need to see a specialist, get an MRI, or receive long-term treatment, the costs can grow into the hundreds of thousands of dollars.
What Is the Statute of Limitations in Pennsylvania?
You have two years from the accident date to file a personal injury lawsuit in Pennsylvania. It is difficult, if not impossible, to get any compensation if you’ve passed that deadline.
Don’t Wait to Get Help
Medical bills after a car accident can add up fast. And insurance companies will look for any excuse to pay less or deny your claim altogether.
At Rosen Justice Injury Lawyers, we know how the system works—and we’re not afraid to go to battle for you. We’ve settled millions of dollars in cases. We also know that speed matters. You have bills to pay now. If you’ve been hurt in a car accident in Philadelphia, PA, don’t wait. Call us for a free consultation.
Resources
Two Year Limitation. 42 Pa. Code § 5524 link
