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

UPDATED: Sep 8, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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