You suffered an injury in a serious car crash. You have thousands in medical bills and are off work during your recovery. Who will cover your medical bills and other losses? This is a critical issue for many car accident injury victims. Generally, the liable driver’s insurance will pay your medical bills, but other factors may come into play, such as when more than one person caused the accident.
A skilled auto accident lawyer in your area should be consulted to ensure you receive the most for your medical bills and other losses. Your attorney will advocate for your rights and ensure that you receive all necessary medical treatments covered.
What Is A Car Accident Claim?
Every state has its own laws governing car accidents and compensation for injuries and damages. In Nebraska, for example, a car accident claim is a formal request for compensation following a motor vehicle collision. This process involves seeking financial recovery for damages, including vehicle repairs, medical bills, lost income, and emotional distress.
Claims are generally directed to the at-fault party’s insurance company, though they may escalate to a lawsuit if negotiations fail. Nebraska operates under a fault-based system, meaning the driver responsible for the accident is liable for resulting damages. Understanding the state’s legal framework is vital for navigating your claim effectively and maximizing your compensation.
Nebraska’s Fault-Based System
Nebraska follows a traditional fault-based insurance system, unlike no-fault states, where each party’s insurance covers their own losses regardless of who caused the accident. In a fault-based system, the driver deemed responsible (or their insurer) must compensate the other party for damages. To succeed in a claim, the claimant must prove the other driver’s negligence, such as speeding, distracted driving, or failure to yield. Evidence like police reports, witness statements, and photos of the accident scene is often used to establish fault.
Types of Damages in a Car Accident Claim
Car accident claims in Nebraska can include various types of damages. Economic damages cover tangible losses, such as medical expenses, vehicle repair or replacement costs, and lost income due to time off work. In most cases, the liable driver’s insurance provider pays the injury victim’s medical bills.
Non-economic damages encompass intangible losses, such as pain and suffering or emotional distress. In rare cases involving extreme recklessness, punitive damages may be awarded to punish the at-fault driver. The amount recoverable depends on the accident’s severity, the extent of injuries, and the evidence presented.
Role of Insurance Companies
Most car accident claims in Nebraska are handled through insurance companies. After an accident, the claimant files a claim with the at-fault driver’s insurer, providing details of the incident and documentation of damages. The insurer investigates, which may involve reviewing evidence, interviewing witnesses, and assessing injury reports. Adjusters then offer a settlement, which the claimant can accept, negotiate, or reject. If the settlement is inadequate or liability is disputed, the claimant may need to hire an attorney or pursue legal action to protect their rights.
Who Will Pay Your Car Accident Medical Bills?
Nebraska and most states are fault-based, so generally, the at-fault driver pays the injury victim’s medical bills. However, some car accidents are more complex than others, and other parties can pay for your losses:
No-Fault Insurance and Medical Payments Coverage
Nebraska is not a no-fault insurance state, meaning the at-fault driver’s insurance typically covers the victim’s medical bills. However, many drivers carry Medical Payments (MedPay) coverage as part of their own auto insurance policy. MedPay is optional in Nebraska and can cover medical expenses for you and your passengers, regardless of who is at fault for the accident.
If you have MedPay, your insurer may pay your medical bills up to the policy’s limit (often $1,000 to $25,000) soon after the accident. This provides quick access to funds for treatment without waiting for a fault to be determined. If you don’t have MedPay, you may need to rely on other insurance or personal funds initially.
At-Fault Driver’s Liability Insurance
In Nebraska, drivers are required to carry liability insurance with minimum limits of $25,000 per person and $50,000 per accident for bodily injury. If the other driver is found at fault, their liability insurance should cover your medical bills, lost income, and other damages.
However, this process can take time, as fault must be established through police reports, witness statements, or insurance investigations. If the at-fault driver is uninsured or underinsured, you may face challenges recovering costs unless you have additional coverage or pursue legal action.
Uninsured/Underinsured Motorist Coverage
If the at-fault driver lacks insurance or has insufficient coverage, your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage can help. Nebraska requires insurers to offer UM/UIM coverage, though you can reject it in writing. UM covers medical bills and other damages if the at-fault driver is uninsured, while UIM kicks in if their insurance doesn’t fully cover your costs. For example, if your medical bills exceed the at-fault driver’s $25,000 liability limit, UIM can cover the difference up to your policy’s limit.
Health Insurance as a Backup
If auto insurance options are unavailable or delayed, your health insurance can cover medical bills. Most health plans will pay for accident-related treatment, though you may face copays, deductibles, or coverage limits. If your health insurer pays, they may seek reimbursement (subrogation) from any settlement or payment you receive from the at-fault driver’s insurer. Keep detailed records of all medical expenses and notify your health insurer about the accident to prevent potential complications.
Personal Injury Lawsuits and Settlements
If insurance doesn’t fully cover your medical bills or you face significant expenses, you may file a personal injury lawsuit against the at-fault driver. A successful claim or settlement can cover medical bills, future treatment costs, and non-economic damages, such as pain and suffering. Consulting a car accident attorney is advisable for complex cases.
Retaining a car accident lawyer is a critical part of ensuring that all of your medical bills and other losses are covered by the liable party or parties.
Will The Insurance Company Cover All Medical Bills?
No car insurance policy in Nebraska guarantees coverage for all medical bills after a car accident. Liability, uninsured/underinsured, and MedPay/PIP coverages all have limits, and medical costs can easily exceed these, especially for severe injuries. For example, the average bodily injury claim in 2021 was $22,700, which is close to Nebraska’s minimum liability limit of $25,000 per person, meaning a single serious injury can potentially max out a policy.
If you’re not at fault, the at-fault driver’s insurance should cover your bills, but they often delay payment until a settlement is reached, which can take time. You may need to consult an attorney to ensure full compensation, especially if bills exceed policy limits or if you face long-term medical needs.
To maximize coverage, consider purchasing higher liability limits, adding MedPay coverage, or ensuring robust uninsured/underinsured motorist protection. If you have health insurance, submit your medical bills to your health insurer first to avoid delays, although your health insurer may seek reimbursement from any settlement you receive. Your car accident attorney is a critical resource to ensure maximum coverage for your medical expenses.
How Much Will Medical Bills Affect Your Settlement?
In Nebraska, medical bills from a car accident significantly influence the value of your personal injury claim, as they serve as a key component of your economic damages and can impact the overall settlement amount.
Medical bills as economic damages
Medical expenses are a primary category of economic damages in a car accident claim, encompassing costs like hospital stays, surgeries, doctor visits, physical therapy, medications, and future medical care related to the accident.
In Nebraska, if you’re not at fault, you can seek compensation for these expenses from the at-fault driver’s bodily injury liability insurance (minimum $25,000 per person/$50,000 per accident). The higher your medical bills, the larger your economic damages, which directly increases your claim’s value.
For example, a claim with $10,000 in medical bills will typically be valued higher than one with $2,000, assuming other factors are equal. Insurers use these documented costs to calculate a baseline for your claim, so keeping detailed records of all treatments and expenses is critical.
Impact On Non-Economic Damages
Medical bills also indirectly affect the value of non-economic damages, such as pain and suffering, which compensate for physical discomfort, emotional distress, or reduced quality of life. In Nebraska, there is no strict formula for calculating pain and suffering; however, insurers often use a multiplier method, where economic damages (including medical bills) are multiplied by a factor (typically ranging from 1.5 to 5) based on the severity of the injury.
For instance, if you have $15,000 in medical bills and your injuries are severe, the multiplier might be 4, adding $60,000 for pain and suffering to your claim. Higher medical bills, especially for invasive treatments or long-term care, signal more serious injuries, justifying a higher multiplier and increasing your claim’s total value.
Future Medical Expenses
Future medical costs and claim value: These projected costs can significantly boost your claim’s value if your injuries require ongoing or future medical care. In Nebraska, you can include future medical expenses in your claim, but you’ll need medical expert testimony or documentation to prove these costs are reasonably necessary.
For example, a spinal injury requiring $50,000 in future surgeries can increase your claim value by that amount, plus additional pain and suffering tied to the long-term impact. Insurers may dispute these projections, so working with a doctor and possibly an attorney to substantiate future costs is essential.
Challenges and Limitations
While higher medical bills generally increase claim value, several factors can complicate this. First, Nebraska’s minimum liability coverage ($25,000 per person) may not cover extensive medical bills, capping your recovery unless the at-fault driver has higher limits or you have uninsured/underinsured motorist coverage.
Second, insurers often scrutinize medical bills to reduce payouts, arguing that treatments were unnecessary or unrelated to the accident. For example, if you had a pre-existing condition, the insurer might claim part of your $20,000 in bills isn’t accident-related, lowering your claim value.
How Can I Ensure Maximum Coverage For Medical Bills?
Maximizing your compensation for medical expenses after the accident increases the chances of a full recovery. You can take the following actions to ensure the most compensation for injuries and medical bills:
Document the Accident and Seek Prompt Medical Care
After an accident, thorough documentation and timely medical attention strengthen your claim, ensuring coverage for all necessary treatments. Report the accident to the police and obtain a report, as it establishes fault and injuries. Take photos of the scene, vehicle damage, and visible injuries, and collect contact information from witnesses and other drivers.
Seek medical evaluation within 24–72 hours, even for minor symptoms, as delays can lead insurers to question injury severity. Follow your doctor’s treatment plan and keep records of all visits, diagnoses, and bills. This evidence supports claims against the at-fault driver’s insurance or your UM/UIM coverage, thereby maximizing your chances of full reimbursement.
File Claims Strategically and Hire A Car Accident Lawyer
Notify your insurer and the at-fault driver’s insurer immediately after the accident, providing detailed documentation. If you’re not at fault, pursue a claim against the at-fault driver’s liability coverage, but be prepared for delays, as settlements often wait until treatment is complete. If their coverage is insufficient, tap into your UM/UIM coverage. Consult your personal injury attorney for complex cases, such as severe injuries or disputes over fault.
Contact A Car Accident Lawyer Now
Another driver seriously injured you. Now you wonder who will pay your medical bills. In most cases, the liable party’s insurance company will cover your medical expenses. However, you should retain a car accident lawyer to ensure the liable party pays for everything it should. Contact a car accident attorney in your community today for critical legal guidance.