Under Indiana laws of negligence, the offending (at fault) tort feasor or other party does NOT have to pay ANY medical bills until you prove they were at fault. Sometimes, this can mean a jury trial.
Even if the crash report says the other driver was at fault, that's just one person's opinion. It does not count UNTIL a jury agrees the other driver was at fault. Then the medical bills must be paid if the jury finds them to be related to the crash.
The at fault insurance company will not pay medical bills while the case is pending. They will pay one lump sum for medical expenses, lost wages, and pain and suffering at the end and only if the medical bills were RELATED to the crash. (There may be an exception if you were injured as a pedestrian.)
You are responsible for your medical bills unless and until the at fault party's insurance company settles the claim. If the insurance company denies the claim or makes an offer that is just too low you will have to sue the at fault party.
This can cause a lot of problems with accruing bills while a case pends.
That's why we at Shaw Law, LLC search for solutions to paying your bills immediately.
Here at Shaw Law, LLC, we believe that every accident is preventable. Every accident is due to someone's fault. You should not have to bear the brunt of the negligence of someone else.
You can hire us to start working on your case in less than 10 minutes. Simply click the 123.intake below, fill out a few simple information requests and we can get started working for you immediately. Then when you come in, we will have the information necessary to ask the real questions to get your case moving forward.
Medical Bills Don't Have To Be Held Until Case End
There are several ways to pay medical bills while a case is pending. Usually, these procedures are thoroughly discussed between us and you at the outset of the case. There are several alternatives to consider for sources of payment:
Health insurance from your employer
Health insurance purchased on your own
Health insurance your spouse has secured for your benefit
Health insurance your parents have secured for your benefit if you are a minor or a student below a certain age
Medical payments from your auto insurance if you were driving your car when you had an auto accident that caused the injuries. Sometimes this is called MedPay or Personal Injury Protection (PIP). This is coverage on an auto policy that pays medical bills incurred as the result of an accident. Unless you waived this you might have coverage. If you were injured as a pedestrian and the driver has PIP coverage then the PIP coverage extends to you.
Your own funds if you lack insurance and are able to pay costs as they accrue
Letters of Protection Issued by Us to Your Health Care Provider, if acceptable
Worker's Compensation Insurance if the accident happened at work, during performance of the job, and it resulted from employment, and/or
Liability insurance coverage for person(s) who caused your injuries. These are usually other drivers involved in a car accident. This rarely happens, though, while a personal injury case is pending. This type of insurance coverage is more likely to be paid at settlement instead of on an ongoing basis when medical bills and costs are accruing in real time.