There are two common questions after a car accident:
Unfortunately, finding the answers is not simple. First, if you are injured in a motor vehicle accident, you are going to wonder who is liable for your costs – especially when you didn’t cause the accident. An injury settlement or verdict from a personal injury claim is perfect, but that does not help you with the bills that you have now. After an accident, you may need to see a doctor for emergency care, follow-up appointments, and possibly even surgeries – all designed to help further your recovery process.
It is crucially important to understand your rights as an accident victim, and to know how a car accident will affect your health insurance coverage – as well as what may happen after you file a claim against the negligent party.
If you have been in an accident, you are responsible for medical costs as you encounter them – even if you are in the process of filing a personal injury claim. Naturally, as you seek treatment, medical providers will expect payment from you, even as the victim. Because even if it is known who is clearly at-fault, the law does not require that person to pay. That is why you must file a claim with his or her auto insurance company in order to receive medical reimbursement. The next step would be to seek a personal injury claim for future medical costs as part of your damages.
If you have been in an accident, your medical coverage will stake a claim in your personal injury lawsuit against the at-fault driver. That is because Illinois is a fault state for car accidents and insurance. Using the “fault” system, Illinois requires the at-fault driver to pay for medical costs associated with the accident they are responsible for.
While most states are turning to the no-fault insurance coverage, Illinois is still one of the few that has not passed a no-fault insurance law for car accidents. But, they do use the modified comparative negligence tort law; therefore, if you are partially at-fault for the accident and your injuries, your settlement will be reduced based on the amount of fault you are responsible for. For example, if you were responsible for 40 percent of your injuries, then your settlement will be reduced by 40 percent and you must cover that percentage from your own finances.
If your health insurance company picks up the costs of your medical treatments related to your accident, they will request reimbursement upon completion of your accident claim. Therefore, they will stake a claim against your damages awarded in the case – asking for reimbursement of any accident-related claims that were paid for. But, while you are waiting for your claim to finalize in court, your health insurance could cover your medical costs.
Understanding the complex laws of Illinois’ Fault policy is difficult. It is important to identify which coverage the other party has, the coverage that you have, and how this will play a role in filing a claim against the other driver. Speak with a car accident attorney today at Malman Law to explore your options. Our attorneys can help identify which coverage applies, and even help you pursue a claim for your serious and long-term injuries. Call us now for a free consultation or fill out our online contact form with your legal questions.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023
Britany WeaverView more testimonials
Cheryl WagemannView more testimonials
Elvira G.View more testimonials
Tony S.View more testimonials
DEVIN JONESView more testimonials
Devin JonesView more testimonials
Annie OngView more testimonials
Eugenia CatheryView more testimonials
Omolewa SnyderView more testimonials
Trevor HarrisView more testimonials
Ernest PittsView more testimonials
Ariel FlemingView more testimonials
Carmen RiveraView more testimonials
Greg GustafsonView more testimonials
Malak St.ClairView more testimonials
Devri LottView more testimonials
Adrian LopezView more testimonials
Vanessa LeonView more testimonials
Nyah VuljanicView more testimonials
Jeff WalkerView more testimonials
Steve AcostaView more testimonials
Adrianna GomezView more testimonials
Jose CruzView more testimonials
Meagan CruzView more testimonials
Eddie VillarrealView more testimonials
Madissen MillerView more testimonials
Christina OconView more testimonials
Adriana MartinezView more testimonials
Virgil SannerView more testimonials
Jazlyn CaraballoView more testimonials
Ashley JenkinsView more testimonials
Schedule a free consultation with one of our experienced lawyers today by filling out the form below or call us at 1 (888) 625-6265