If the accident/crash was my fault, will I be able to obtain a recovery? Can I get my medical bills paid?

A:

If the crash was your fault, you may still be entitled to some insurance proceeds, depending on what coverage you have.

Liability insurance only pays where the insurance company feels that the driver they insure could be held liable for negligence in court. The idea behind liability insurance is that it protects someone who was at fault from a judgment. Another way of saying that is that the liability insurance carrier pays for the judgment rather than the negligent driver paying out of his or her own pocket, so long as the judgment does not exceed the liability insurance policy limit. For example, if you paid for collision coverage, your own insurer must pay you for the repair or replacement of your vehicle—this is an optional coverage that you would have paid additional money for.

Medical expense coverage, or “Medpay,”is a no-fault medical insurance coverage you may have chosen as an option on your car insurance policy. If you have it, fault is irrelevant—your insurer must pay for your automobile crash-related medical bills, up to the amount of coverage you have under that policy (typically between $2,000 and $5,000).

Health insurance is also a no-fault insurance coverage. If you have health insurance, you are entitled to have your medical bills paid by your health insurance carrier regardless of whether or not you caused the crash that caused your injuries.

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