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August 6th, 2013

Who pays medical bills after a car accident in Pennsylvania?

First Level of Payment – The Injured Party’s Own Car Insurance Company

Pennsylvania is a no-fault state. Many people who get into car or truck accidents misunderstand this concept. No-fault means that when a person incurs medical bills in a car, truck or pedestrian accident, their own car insurance policy kicks in and pays for medical bills up to the amount purchased. Pennsylvania requires a minimum of $5,000, which can exhaust fairly quickly in a serious car accident case. For many people, it is simply counterintuitive that their own car insurance pays for their medical bills when another driver was legally responsible for causing the accident. However, this is the nature of the no-fault system. Years ago, the Pennsylvania legislature saw fit to adopt this system to make car insurance more accessible for everyone.

Second Level of Payment – The Negligent Driver

Under Pennsylvania car accident law, an injured party can make a legal claim against the party responsible for causing the accident. Included in the damages portion of the claim is a claim for medical bills and expenses. So, if medical bills exceed the PIP amount, they would be added to the claim. In other words, the responsible driver would be on the hook to pay them.

In cases where an injured party’s health insurance paid for medical expenses related to the car accident, what the insurance company actually paid would probably be added to the claim. The individual may then be legally required to reimburse the insurance company. This is known as subrogation and is a very complex area of law.

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Pennsylvania & New Jersey Car Accident Lawyers

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