It sounds like the car behind was at fault. If that person has insurance, they should be responsible for covering your injuries.
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Sorry to hear about your injuries. The answer to your first question is the insurance company of the driver that rear-ended you, and if need be, the insurance company of the driver whose car you were a passenger in. Now, as for how the claims process in this kind of a situation, the best thing you can do is call a personal injury attorney ASAP to assist you with it. Hope this helps.
Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.Ask a similar question
Your question perfectly highlights how it all works together.
First of all, you may have a claim for "Medical Payments" coverage under your driver's policy. This is like "no fault" medical insurance. In addition, you may be entitled to Medical Payments coverage under your own auto insurance policy! Usually, multiple policies will cooperate or pro-rate the coverage.
I always recommend to my clients that they go through their own health insurance first. Not only does this maximize out the recovery, but even if you are within your deductible, this will go towards satisfying your deductible. Further, most---but not all---Medical Payment coverage require that you present the medical bills to the health insurer first before they are required to pay under that coverage.
Finally, your instinct is correct, the party that caused the accident by rear-ending you is ultimately responsible. So, if that driver is insured his insurance company will basically be reimbursing your health insurer and any med pay insurer for money "advanced" on your behalf.
Trust me---it is a longer subject than this response allows--- but it is always better to go through all of the sources of insurance on a claim rather than be "lazy" and just get paid from the adverse driver's insurance policy!
Best of luck!
If the owner of the car you were in carries medical payments insurance (aka "med pay"), that policy should cover your bills. If you carry med pay coverage on your auto insurance, there is a possibility that your auto insurer will pick up the tab even though you were in another person's car. And ultimately, the person who rear-ended you is liable for your medical bills, but that payment will be a lump sum that also includes your other bodily injury damages (wage loss, pain and suffering, etc.).
If there is no applicable med pay insurance, and if you do not have health insurance that will pay the bill, you are ultimately responsible. But there are ways to defer payment until your claims against the person who caused the accident have resolved.
A personal injury lawyer can help you review your options and decide the best way to proceed. Most of us offer free initial consultations, and work on a contingency basis so that you're not out of pocket for attorney fees. You should contact a qualified lawyer in your area to learn more.Ask a similar question
In addition to "Med Pay" of the owner of the car you were in (if they have it) if you have insurance on your own car, you may have available "Med Pay" on your own policy. Also, if you have health insurance, that is another source of payment of medical bills. Ultimately, the person who rearended the car you were in is responsible for your medical bills.
You may want to consider getting a local area (Elk Grove) personal injury attorney to help you. Most personal injury attorneys provide a free initial consultation and then, if retained, offer a contingency fee agreement that indicates that you do not have to pay any attorney fees until there is a recovery. That is a good deal for you. Talk to a couple of attorneys in your area and then select one that is experienced in personal injury and auto accidents and you feel comfortable with. Sorry to hear about your injuries and I hope that you have a speedy recovery. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.Ask a similar question
The bottom line it is best to have a local Elk Grove personal injury lawyer handle everything for you.Ask a similar question
Could be your med-pay, driver's med-pay, or party's at fault liability insurance.
The response above is not intended as legal advice. This response is for educational purposes only. I have not met with you and I am not knowledgeable about the specific details of your case. Each case is unique and different. Therefore, it is highly recommended that you contact and meet with a licensed criminal defense attorney to discuss your specific circumstances. In addition, an attorney-client relationship is not created by virtue of this response.Ask a similar question
I recommend contacting an attorney for some guidance. You will need to file a claim with the insurance company of the party who rear-ended you. Please do not give them a recorded statement without the advice of an attorney. If the vehicle that hit you does not have insurance, the vehicle you were in may have uninsured motorist coverage which would cover you as well. If all else fails, your own uninsured motorist coverage for your vehicle may cover you. Definitely, get treatment for the injuries. Speedy recovery to you.Ask a similar question
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