Arguably one of the most important aspects of every car accident case in Georgia is recovering compensation for the medical expenses your injuries have caused.
Medical bills can easily mount in a short amount of time, leaving victims facing financial ruin. Fortunately, our lawyers can help you determine the best options to pay your medical bills. First, we will see whether the other driver’s car insurance will be a viable option to cover your damages. If not, we can file a lawsuit on your behalf to pursue the matter in court.
If you have been injured in a car accident and want to learn how you can recover your medical expenses, contact our Georgia car accident lawyers at Howe Law for a free case evaluation. Call us at (844) 876-4357.
How Do I Recover Compensation for Medical Expenses After a Car Accident in Georgia?
When a victim is injured in a car accident in Georgia, they typically stress over how they will pay for their medical expenses. If your accident was the other driver’s fault, they should compensate you for the medical bills you incur. While car accident victims can usually recover medical expenses from an at-fault driver’s insurance, some important details regarding how Georgia dictates the process can be frustrating to those unfamiliar with it. Our attorneys are here to offer support and help you determine the best ways to cover your medical expenses.
Understanding the Difference Between Fault Insurance and No-Fault Insurance
Each state employs one of two types of insurance systems for car accident purposes: at-fault or no-fault insurance. A small number of states use no-fault insurance, which requires drivers to file for insurance benefits with their own car insurance. In a no-fault state, victims will recover medical expenses from the benefits paid by their car insurance without proving the other driver was at fault. Still, their benefits might only cover some of their medical damages. Also, no-fault insurance rules prevent most victims from filing a lawsuit for additional damages.
Most states, however, employ a fault system. A fault system works in the traditional way most people understand third-party insurance claims. In a fault-based system, victims can file an insurance claim against the at-fault party’s insurance to recover medical expenses. Still, they will need to provide evidence to the insurance company showing that their policyholder was responsible for causing the accident. Georgia is a fault state, so that you can pursue compensation for your medical bills first from the other driver’s insurance.
The most common issue victim’s run into is the low minimum coverage amounts many drivers carry in their insurance. In Georgia, drivers are only required to carry a minimum of $25,000 in liability coverage per person in an accident. If you suffered serious injuries, this limit would likely be reached quickly. If insurance is insufficient to cover your medical damages, our Columbus car accident lawyers can help you prepare a lawsuit to recover your remaining expenses.
Proving Fault
As mentioned, Georgia is an at-fault insurance state, so you will need to file a claim against the negligent driver’s insurance to recover payment for your medical bills. Evidence showing how the driver caused your injuries must be provided to the insurance company before a claim will be paid. This can usually be done by providing proof that their policyholder violated a traffic law or acted carelessly when they caused the accident. For instance, if the other driver was ticketed for the conduct that caused the accident, the police report will include that information and could be enough to convince an insurance company to settle your case.
However, multiple parties could be involved in your accident, making it hard to determine who should cover your medical expenses. For instance, if you were injured in a multi-car accident, you might have evidence showing more than one was negligent. In other cases, a commercial vehicle could be responsible for your accident. In these situations, an employer could likely be held for medical damages along with their employee if the employee caused the accident while on the clock. It is often best to file a lawsuit in these circumstances to determine liability properly.
In most cases, insurance companies and defense attorneys will look for any pretense to place the blame for the accident at your feet. Fortunately, you can recover compensation for medical expenses in Georgia even if you were partially at fault. As long as you are not found more than 50% at fault for causing your accident, you can recover damages minus the percentage you were found to have contributed. However, our attorneys will fight any claims you caused your injuries so that you do not lose out on the compensation you are entitled to.
Who Pays for Medical Care While I Wait for My Georgia Car Accident Claim to Resolve?
The problem with recovering medical expenses in Georgia is not if you can, but when. Unlike other states, car accident victims in Georgia are required to pay their medical expenses upfront while their legal case progresses. While you can eventually recover compensation for your medical bills through insurance or a lawsuit, you will likely need to use another form of coverage until your case resolves.
The first option to turn to will be your health insurance if you have it. If so, your health insurance should cover your medical bills for a car accident like any other medical treatment.
Of course, many people do not have health insurance but could use their car insurance if they purchased medical payments coverage on their policy, commonly known as “medpay.” If you elected this option, medpay would cover a certain amount of your medical bills while your case waits to settle or get a decision at trial.
If you do not have any of these options available, you could still get coverage for your medical expenses with a lien. A lien is a legal agreement with a law firm or doctor’s office that agrees to cover the costs of treatment while litigation is pending in return for payment from any settlement agreement or award the victim receives. Our Georiga personal injury lawyers can help you determine how you can pay for your medical expenses while we work to recover the full compensation you deserve.
Our Georgia Car Accident Lawyers Can Help
For help recovering your medical expenses for a negligent driver, call our Atlanta car accident lawyers today for a free review of your case. Contact Howe Law today at (844) 876-4357
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