Is it mandatory to file a claim with the auto insurance company of the driver who hit me

Asked about 3 years ago - Hattiesburg, MS

I was a pedestrian and was hit by a car while crossing the road, I had a broken leg, internal injuries and stayed in hospital for a week. My initial claims were send to my health insurance and they approved them after I made few calls, the major portion of my hospital bills are still pending. I have no auto insurance and my accident reports suggests that the fault could be mine although its not clear.

Now the hospital has handed over my case to med pay assurance and they are suggesting me to file a claim with the driver's auto insurance which I don't want to do as I am not sure about the fact that if it was his fault-

1. Do I have to file a claim with the auto insurance? considering I am not clear about the fact that the driver was at fault.

2. If I don't file a claim with the auto insurance will my Health insurance company take care of my bills

3. If I file a claim with the auto insurance and they pay me lets say only 40-50% of my bills depending on my fault will the remaining portion of bills be forwarded to my health insurance.

Attorney answers (4)

  1. Paul Y. Lee

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Even if you feel that the other driver may not have been at fault, it may be a good idea to make a claim with the driver's insurer. The fact that you're submitting a claim with the driver's insurer does not necessarily indicate that you believe the driver is at fault. However, by submitting the claim you allow the insurers to investigate the accident and allocate appropriate percentages of fault. The two insurers may negotiate with each other regarding who will pay how much. I do not have your policy in front of me so I cannot be sure, but it is possible that your insurer will cover your medical expenses to the extent they are not covered by the other insurance. Good luck.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  2. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What you need to do is to consult with a local personal injury attorney. An initial consult should be free. You need to determine who is at fault. A PI attorney would be able to give you the answer. You may be entitled to much more than your bills. Nobody on Avvo can tell you exactly how much of your medical care will be paid by your health insurance without reviewing the contract.

    Again, submit all bills to your health insurance and consult a PI attorney. Let the PI attorney make the claim against the other driver.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You are asking these questions as if the only damages you may have sustained are your medical bills. Damages in a personal injury claim include much more than just the medical bills. If you were to accept the 40 or 50% of the bill amounts from the adverse carrier, they would expect you to sign a full and complete release of their insured's liability, having paid you a very small and inadequate portion of your damages, should you be able to prove that the driver was at fault.

    I suggest you consult with a personal injury attorney in your area before attempting to make any decisions. Usually you can obtain a free consultation to assess your situation. Take advantage of this service and find out exactly what you should do. In the meantime, I suggest that you not provide any statement to the adverse carrier nor grant them access to your medical records without seeking counsel first. Nothing requires you to make the claim against the adverse driver's coverage and your health insurance company is obligated to pay on your bills. In the event you may make recovery against the adverse driver, your health insurance company will then have a subrogation lien interest they will be able to have satisfied out of your settlement.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get a personal injury lawyer to take this on a contingency fee basis.

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