Who pays when a passenger without insurance is injured in a car accident?
We assumed our medical insurance would pay for ambulance, ER, surgeries, OT, PT and MH Trauma counseling, but we are being told they will not pay until after going after the deceased driver’s insurance.
Can you explain who pays what and how we can get through this without getting the bills ourself? we do not wish to sue the grieving parents of the driver if possible. We just want the bills covered.
6 attorney answers
Not to worry. Under Massachusetts law, the driver's insurance pays the first $2000 in medical bills under no-fault coverage called Personal Injury Protection (PIP) coverage. They will send you a a form to fill out called a PIP application. After the first $2000 is paid bills are submitted to your health insurer, you can submit deductibles and copays to the auto insurer up to an additional $6000. Good luck.
I hope your child is recovering nicely after this terrible accident. The previous answers are correct regarding no-fault payments for medical bills. If he/she has no available auto insurance, the driver's insurance may be the only avenue of recovery for injuries and physical/emotional pain & suffering. The injuries clearly warrant substantial compensation. I urge you to contact an experienced personal injury lawyer so that he/she can determine all potential sources of compensation. Your lawyer will deal with the auto insurer directly and not with the driver's family. Hopefully, the insurance is not the required minimum so that your child can get what he/she deserves for these serious injuries. He/she is legally entitled to receive whatever compensation is available, and I'm sure the driver's parents will understand. Best wishes.
The owner of the vehicle had PIP ibsurance if legally registered in Massachusetts . The insurance pays the first $2,000 then the health insurance pays with the auto insurance paying out pockets such as copays. After there is an end in sight to his treatment, your son can go after the auto insurance for all other damages including pain and suffering and lost wages.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
No Fault or as it’s actually known Personal Injury Protection benefits (PIP) which is a component of the auto policy pays the first 2k of the medical bills (e.g ER, MDs, films) and then your health insurance kicks in.
I am sorry to hear about this terrible situation. Under Massachusetts law, The auto insurance company of the vehicle your son was a passenger in pays the first $2,000.00 in medical bills and then your medical insurance will take over. Your medical insurance will usually require notice that the auto insurance has paid $2,000.00 before they begin to process payments. There are a lot of tricky quirks to Massachusetts law and there are many parts to a situation like this. I highly recommend that you speak to a Massachusetts personal injury lawyer regarding your situation. Your son is entitled to compensation for his injuries pain and suffering. Your son may be able to receive more than one settlement, depending on the insurance policies involved. All without filing a claim in court. You need a lawyer who has been through situations like this before and can handle this matter while being sensitive to the decedent's family.
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