No-Fault Insurance States include:
DC, FL, HI, KS, KY, MA, MI, MN, NJ, NY, ND, PA, UT (in DC, KY, and PA you have the option of no fault or the standard system)
Check with your local insurance industry regarding current laws that may have changed a state's status as No-Fault or Standard.
Pain, suffering, disability and many other kinds of losses are not covered by no-fault. To recover those losses, you have to claim against the other person's insurance and prove the other person's fault was greater than yours.
Standard Insurance States: The at-fault driver's insurance usually pays for medical bills.
If you are at fault and you have medical coverage, your coverage can pay for medical costs up to the medical & injury limit of your policy. Since you are at fault in this situation, you usually pay the deductible on your policy. Otherwise the other person or the other person's auto insurance company pays for the deduction.
As an example, you may see numbers like this 25/50/30. Yours may be different, but in this case they mean:
Bodily Injury Maximum Payments
$25,000 for injuries each third party received by your vehicle
$50,000 is the maximum amount the insurance company will pay for injuries, no matter how many people were injured in a single accident.
Property Damage Maximum Payments
$30,000 maximum for damage to another persons vehicle, or property, as the result of an accident in which the driver of your car is at fault.
What happens when injuries or property damage exceed these limits? When you are at fault, a judgment may be set against you and you pay the balance out of your pocket. If you how severe debilitating injuries with lengthy hospital stays can quickly exceed the amount of coverage for medical bills.
If you are not at fault, then the at-fault driver's insurance pays for medical bills including your deductible. These are common guidelines about basic insurance definitions and certainly not legal advice about your specific situation.
What is a Health Care Release? An insurance company will ask for access to your medical bills and records. Although these records may be necessary to determine the ultimate settlement, you aren't required to grant total access simply because an adjuster requested all your records.
|"The insurance company sent medical release documents that would have released my entire medical history to the insurance company instead of just the records and medical bills related to my accident." |
Stop this before it gets started. Once your entire file is released, it can easily go places where you don't want it read.
You can obtain appropriate records from your doctor and send them yourself or ask your doctor to send the specific records for you. The specific records are only those records that directly involve your car accident injuries. The insurance company may want to prove prior injuries and demand your entire file. Possibly they have a right to it, but speak with an attorney before permitting that access. Authorization to Release Health Care Information & Medical Bills
Do you need an attorney?
- An attorney will present documents in court when necessary, but the fact is that almost 95% of claims never go to court.
- The most contact you have with an attorney is by phone after that free initial consultation.
When you have been in a car accident, most likely you will not need the services of a lawyer to complete your car accident settlement or to help you obtain the proper medical bills. In fact, the first thing that will happen after you are in a car accident is that your insurance company will evaluate the damage that has been done.
It is possible with specific formulas to estimate a car accident settlement within an acceptable range. To explain why and what is a fair and reasonable settlement continue to Estimating a Personal Injury Settlement.