Whose insurance company should pay for the medical bills ofan injured driver?

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Whose insurance company should pay for the medical bills ofan injured driver?

I was hit by a car and pushed into another car. The occupant in the car in front of me suffered injuries, but he has no insurance.

Asked on June 15, 2011 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When someone is injured by another, the person(s) who injured him, if they were at fault--that is, if they were negligent (unreasonably careless) or intentionally hurt him--would  be liable to pay for his injuries, including for his medical care. (Without fault, there's generally no liability.) However, to get them to pay, the injured person has to sue--or if they have liability insurance, submit a claim to their insurer (though if the insurer(s) don't pay voluntarily at that point, he'll still have to sue, to try to establish his entitlement to compensation).

If he'd had his own insurance (e.g no fault), it would pay regardless of fault. But other driver's insurance pays only if fault is established. So in this case, the question will be, which of the drivers is at fault? That's the one who--or whose insurance, if he or she has insurance--will pay. Note that it's possible that both drivers at fault--the other driver for pushing your car; you for following too close, for example--in which case you potentially are both liable.

The injured driver will need to submit a claim and/or file a lawsuilt; compensation will not happen by itself. If he claims against or sues one of you, you and your insurer can determine whether you believe there's fault and you--or your insurer--need to pay.


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