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Who pays my short term disability or the car insurance company?

Milton, PA |

I was recently in a car accident. I was not at fault. I am going to be off work for some time with a back injury. Do I have to use my short term disability that I have available through my job or does the driver at faults insurance company need to pay? I will be having a planned surgery in a few months that I was going to use my short term disability to help with finances. I don't want to use these benefits now and then not have them available when I need them in a few months.

Attorney Answers 5


A number of different sources of payment might be triggered in this situation, your own automobile insurance carrier (i.e. first party benefits or PIP coverage) would be primary for medical benefits and lost wages. The disability carrier would likely be the next source of payment unless the third party carrier (i.e. the striking vehicle’s liability insurance carrier) stepped up and accepted liability. Along the way your health insurance carrier might also cover some of the damages and, if you were working at the time of the collision a workmen’s compensation carrier. Of course, your health insurance carrier, PIP carrier, workers comp carrier, and disability carrier can assert a right of subrogation against the third party’s liability coverage and sometimes place a lien on any recovery you get.

You should definitely consult with an attorney about your injuries and property damages and balancing those damages against any applicable liens. You have two years from the date of loss to file a lawsuit.

Stew Crawford, Jr., Esq.

Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania & New Jersey

Philadelphia Area Office
223 North Monroe Street
Media, Pennsylvania 19063


All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

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I strongly urge you to consult with and retain a local lawyer to help you coordinate these benefits and help you with your car wreck case. It sounds like you were seriously injured and could really use some help with this process. Generally, a good lawyer can help you maximize the value of your case and give you peace of mind. Good luck.

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Seek a local personal injury attorney to work out these confusing details. These issues, and more, will likely arrive. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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The other persons ins isnt going to pay until you agree to settle. That wont be for a long time. If you can get benefits now, you should do so. You can always bank the money to have for later. See a local injury lawyer to coordinate all coverages and help you in the claim.

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The answer depends on whether the back injury was caused by the vehicle accident, or due to the issues surrounding the problem that was leading you to surgery.

If your back injury was caused by the accident, a claim should be made on the at-fault driver's insurance policy. Things start getting more complicated if you were already having back problems that were subsequently aggravated (made worse) by the accident.

Calling a personal injury attorney is highly recommended in a situation like this.

This information is informational only, is not legal advice, and does not form an attorney-client relationship. Legal advice must be tailored to each individual situation, after learning all of the facts and specific details relating to a matter.

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