Can I make the at-fault person resposible for unpaid medical bills resulting from accident?

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Can I make the at-fault person resposible for unpaid medical bills resulting from accident?

My motorcycle insurance doesn’t cover medical bills. The person that hit me was sited for the accident but had state minimum coverage ($12,500 medical/$7,500 property). My medical insurance from my employer wasn’t excepted (out-of-network) where they transported me. After all the negotiating I’ve been left with approximately $6,700 in medical bills which I’m now responsible for.

Asked on September 8, 2011 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a party is at fault in a vehicle accident and causes injury to another person, the at-fault individual may be liable, or financially responsible, for the costs and damages flowing out of that accident, including any medical bills not paid by insurance (i.e. out of pocket medical costs).

To seek that compensation, the person claiming it would have to sue the at-fault person, assuming he or she does not pay directly. If the person has insurance and is at fault, the insurance will pay up to policy limits; the victim of the accident may sue for amounts over the limit. However, if the victim of the accident settled the claim for less than the policy limit, it is almost certain that the  victim cannot then sue for more; in settling, the person agreed to take a certain amount of money as payment in full of any claims. The victim should, of course, double check the settlement agreement(s) to see if this is the case.


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