If you had a car accident, you should have, and if not yet do so, report this to your auto insurance carrier. You will be covered for claims against you seeking "special damages" (medical bills; lost wages; etc.) and for "general damages" (pain and suffering, physical disability). If you don't have insurance, they can seek to collect against you personally. The injured party is entitled to recoup any medical expenses shown to be reasonable and necessary for any injury proximately caused by your negligence. And yes, if that mean a certain type of treatment to continue indefinitely into the future, that can be collected against you so long as proven by competent medical evidence.
Submit this to your auto insurance carrier. It will pay the medical bills if the other party has used up all of their medical benefits. Reporting it to your company will also help protect you from future lawsuits for pain and suffering and loss of income.
As my colleagues have stated, your best course of action is to submit this to your insurance carrier and let them resolve it for you. Good luck.
The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.
Have you actually been sued yet? If you have been sued I am sure it will be for more than the medical bills. YOu need to report this to your auto carrier immediately. If you do not, the company may later claim they owe you no protection under the policy since, as they will claim, you prejudiced their right to investigate the claim by your late notice. Once you notify your insurance company and you are sued they will assign an attorney for you. (I can guess who it will be just by what insurance you have.)
You are not, at least initially responsible for any of the medical bills. The other driver has at least $5k of medical benefits under his/her auto policy. (They might have more but typically that is what they will have.) Once that is used up, they must then turn to any other medical insurance they might have to pay their bills. YOu would be responsible for bills not paid by the insurance and sometimes what the insurance company paid under certain circumstances--depend on the kind of health policy the person has and who is paying for it and how.
The DUI creates problems for you. A lawsuit filed against you in this circumstance will ask for punitive damages--"extra" money to punish you for driving drunk. The complaint will not ask for a specific amount of money: it will say in an amount over the arbitration limits or an amount more than either $50K or $35K. That number is really meaningless since it just identifies the arbitration court limit--what court the case is filed in.
Back to your question: TO the extent the medical bills are not paid by the injured person's insurance, you would be liable for all of the medical expenses related to the injuries caused by the wreck. As far as future medicals, the other side may at some point produce a report from a doctor saying how much it will cost for future care.
Typically, your insurance company if you are at fault will try to settle the claim for the amount of your coverage so that your personal assets are not affected. That's why you buy insurance.
I cannot tell if you reported this to your insurance company based on your question. IF you have not, DO IT RIGHT NOW. GO ONLINE GET THE PHONE NUMBER AND CALL.
If you want to talk to me give me a call but your representation will be provided to you by your insurance company.
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