My boyfriend was in wreck tonight, other women at fault w/ full-coverage insurance. Who pays med bills?

Question

He was on a motorcycle and the woman pulle dout in front of him and he hit her. He was scratched up and his bike was a little damaged. She had full-coverage insurance.... my boyfriend didnt have his papers on him and he goes through his mom and her independant agent who they couldnt verify insurance with... so they gave him a court date.

But now he is hurting really bad in his rib area... but has no current medical insurance. Who would pay for it if he went to the emergency room tonight?

Answer 1

I'd get myself a lawyer, and file a lawsuit for pain and suffering and whatever else your lawyer can get you.  Good luck!  I would think that you'd have to pay for it and then file a claim against her insurance.  I'm no lawyer, so this is no legal advice... just personal advice.

Answer 2

You want to know who pays for the trip to the E/R. He pays up front then can get reimbursed from the other drivers liability insurance policy when he settles his injury claim. If he has some kind of PIP or med pay on his bike policy they would pay the bills for him regardless of fault. I am not sure if PIP or med pay is available on a cycle in AR so he needs to check with his mom's agent ASAP.

In AR, if the other pulled from a stop sign they will be considered to be "at-fault." However that does not automatically mean they will be 100% at-fault. AR law (comparative negligence) allows that both drivers can be held partially at-fault for an accident. So depending on what your boyfriend did or didn't do that contributed to the accident the other company may not owe him 100% of the medical bills. If the other driver is determined to be 90% at-fault then your boyfriend will get reimbursed 90% of the medical at the time he settles his claim.

You need to know that the other drivers insurance company has absolutely no legal duty to pay his medical bills as he incurs them. He is a third party claimant and they do not have a contract with him, so they won't pay him until for any med bills, lost wages or pain and suffering until he is done treating and ready to settle his claim.

Good Luck

Answer 3

after the claim is reported and it is concluded that it was the womans fault then her policy would pay for the medical expenses. If he needs to go to the emergency room then your boyfriend will have to pay for the expenses and keep the receipts so that he will be reimbursed.

Answer 4

When he goes to the ER, have him tell them it was the result of an auto accident.  Hopefully by now he has figured out who he is insured with.  If he has filed a claim with the other woman's insurance company (which, again, I hope he has), then he should have the bills sent directly to the person handling the claim.  They ER isn't going to refuse to treat him b/c he doesn't have insurance.  If he is having any sort of pain, he needs to go right away otherwise the other woman's company could say the injuries were not the result of the accident and he wouldn't get paid for the treatment.

Answer 5

Please remember, police reports are heresay only.  If there were witnesses then he's ahead of the game.

He needs to file a claim with her insurance company.  State law says you must carry at least bodily injury and property damage....(CA)

As for going to the ER, the bill would be his responsibility until he agrees to a settlement with her carrier (if they accept liability for the accident).  When/if this happens their liable for pain/suffering and lost wages.  He has 2 years to settle a bodily injury claim.

Normal policies do not sell medical coverage for motorcycles.

Answer 6

Well, you should be discussing this with YOUR AGENT.

"Full coverage" means, she has collision on her car, and theft on her car.  It does NOT mean that she has every coverage there is.

I have no idea why you think the other party was at fault - the police do not determine fault.   It IS possible that he was partially at fault for this accident, ESPECIALLY if he hit the rear end of her car.   If he hit the SIDE of her car, then I'll buy that she is probably at fault.

If he goes to the emergency room tonight, the bill will go to HIM.  Ultimately, he is responsible for any medical services he receives.  BUT, PIP is required in AR!   So he SHOULD have some medical payments coverage under his bike policy.  

If she is at fault, depending on how much coverage she has, IF she has insurance in place, AND it covers HER driving, eventually her policy will most likely end up paying the medical bills.  But it can take months, to years, for the cash to actually get in hand.  Meanwhile, he's going to have to pay it himself.

Answer 7

just make sure you have a police report and get reimbursed from the other drivers insurance. don't get a lawyer if you do it might take a long time before you go to court and it will take a lot of money to hire a lawyer.