Winning your car accident claim is a relief. No longer do you have to worry who pays for your damages, and you can finally get on with your recovery. While the settlement process or judgment award is a relief, you are not quite done yet.
After all, you need to receive the payment. Deciding who pays for your injuries is complicated, which is why you should always speak with an attorney in any accident case. If the defendant must pay, for example, he or she could file for bankruptcy – ensuring you never see an award. On the other hand, an insurer will have the funds, but they only pay up to the policy limit.
Who Has Insurance and Does Insurance Pay?
Determining who will pay the settlement often comes down to whether the defendant has insurance. While drivers are required to have minimum levels of automobile insurance, there are thousands of drivers out on the roads right now with no insurance or the bare minimum.
Minimum coverage is often inadequate for severe or catastrophic accidents. Therefore, if you are involved in an accident with an uninsured or underinsured motorist, you may need to turn to your insurance company.
If the other party refuses to admit that they caused the accident, you may need your insurance company or a personal injury attorney to step in and assist you. An insurance company only gives a settlement when fault is determined, and if you can prove via documentation that your loses and expenses are legitimate. That means providing medical statements, receipts, and bank statements showing any cash losses you have incurred.
When both the plaintiff and defendant are insured, either insurance company can pay for damages. Depending on the situation, you may not have to pay your deductible, while the other party pays for automobile damage and medical costs.
If the driver’s policy maxes out at a specific amount, the insurer will not pay beyond the policy. Therefore, a maximum policy of $250,000 means you cannot collect over $250,000 from that insurance company.
Does the Driver Pay?
The only time a driver would pay for an accident is if they are uninsured or their insurance policy is not adequate to cover your costs. In that case, your attorney may request that a judgment or lien be placed on the defendant so that you can collect compensation through garnishments or asset liquidation.
Injured in an Accident? an Injury Attorney Immediately
After a serious accident, you should not have to worry which insurance company will pay for your injuries. Instead, an injury advocate.
The team at Brian D. Guralnick Injury Lawyers is here to fight for you. We hold negligent drivers and companies accountable for their actions. If you have medical costs you cannot keep up with, property damage, and you can no longer work, why should you have to suffer financially?
Give our offices a call to schedule a free, no-obligation consultation with an advocate or contact us online with your injury questions.