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.
Suggested reading:
- Car Accidents & Medical Bills – What You Can Recover
- Financial Recovery in a PA or NJ Car Accident Case
Pennsylvania & New Jersey Car Accident Lawyers
To submit your car accident case for review by our Pennsylvania and New Jersey car and truck accident lawyers, call (215) 399-9255. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Our car and truck accident attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.