If we were hit from the rear by a truck, since the driver is at fault are they responsible for my bills?
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If we were hit from the rear by a truck, since the driver is at fault are they responsible for my bills?
We were hit when traffic stopped on the freeway by a truck going freeway speed. They accepted full fault for the collision but the insurance company is not offering any help with the bills. I have gone through extensive testing to find an answer to neck, shoulder and head pains along with other remaining issues.
Asked on October 20, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The at-fault party / insurance company is liable for the medical bills.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. CA has a two year statute of limitations in personal injury cases which means the lawsuit must be filed prior to the second anniversary of the date of the accident.
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