Who is responsible for the medical bills?

Asked almost 2 years ago - Hollywood, FL

I was involved in an accident that wasnt my fault. Another driver backed into my vehicle. The adjuster for the party at fault told me that my insurance has to pick up the medical bills and that they say the accident is a 50-50 split. How can they get away with that when the accident was clearly not my fault?

Attorney answers (7)

  1. John Michael Phillips

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . Determination by an insurance adjuster means nothing. Liability is determined by jurors and based on witnesses. I agree you should hire a lawyer to advocate for you. That is not an offer you have to accept.

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  2. Daniel Marc Berman

    Contributor Level 14

    6

    Lawyers agree

    Answered . They can get away with it because it sounds like you don't have a lawyer and they are taking advantage of you, which is usual. If you were injured in an accident then you need to have a lawyer working on your case. It is really that simple.
    Yes, your PIP insurance should cover your own medical bills but you might be entitled to monetary damages for pain and suffering from the at fault party. Hire an attorney immediately.mplease visit our web site at www.southfloridaaccidents.com and contact us for a free consultation.

    Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-... more
  3. Steven Mark Sweat

    Contributor Level 19

    6

    Lawyers agree

    Answered . Retain an attorney to advocate for your rights.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Keith Patrick Ligori

    Contributor Level 11

    3

    Lawyers agree

    Answered . It is important for you to contact a personal injury attorney immediately to properly indentify all of the automobile insurance issues in your case. Even if you have been cited for the accident, it does not mean that you are entirely at fault. The only way a personal injury attorney can assist you with a claim/case is if you have suffered injuries that were causally related to the accident. Good luck!

    The Law Offices of Keith Ligori
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    Legal Disclaimer: Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. The... more
  5. Anthony Claude Francis

    Contributor Level 7

    3

    Lawyers agree

    Answered . It is possible for you to partialy at fault, even if you do not elie e you were. You did not share whose medical bills were at issue, so I cannot tell for sure if you were injured. If you were injured, it should be easy for you to retain free legal representation, and have an attorney help you figure it out. If you were not injured, your insurance company should be helping you assess whether or not you bare any liability.

    Please do not consider this legal advice. The information is only a useful gauge for future consideration or... more
  6. David L. Hirsch

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . You are absolutely right! Welcome to the world of personal injury litigation. You need an attorney as its obvious that you are going to have a fight on your hands. Call me and I can help you with this. You obviously see that you are not going to be able to handle this alone. The good news is that most of us who handle these personal injury cases do so on a contingency basis and that contingent rate is set by the State. That means you will owe nothing for attorney fees if you don't recover for your injuries.
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  7. Jeffrey Scott Altman

    Contributor Level 9

    3

    Lawyers agree

    Answered . First, regarding your medical bills, Florida has No Fault Personal Injury Protection. This generally means that no matter who is at fault for the accident your own insurance actually does have to pay for medical expenses that are reasonable, necessary and related to the car accident. Most people have deductibles and co-pays that you can try and recover from the other persons insurance company.

    Fault for the accident comes into play when trying to recover for property damage, medical bills not covered by your insurance, future medical expenses, pain and suffering and a few additional potential items of damage.

    Florida also has a presumption of negligence against the trailing vehicle in a rear end collision accident.

    These are all issue best discussed with a Florida attorney that handles car accident cases. As stated by the other attorneys, you cannot be forced to accept what an adjuster determines - that is what Courts and Juries are for.

    DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in... more

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