If you get in a car accident that results in serious injury, you might wonder who pays for medical bills after a car accident. You are responsible for ensuring the bills are paid when you seek medical treatment. However, financial recovery is a combination of your funds, your health insurance, your auto insurance, the at-fault driver’s insurance, and the at-fault driver themselves. This is particularly true if you hire an Illinois car accident attorney to assist with your claim.
For help in obtaining compensation after a car accident, contact Lloyd Miller Law Group at (773) 838-8100.
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Illinois Car Insurance Laws
To drive legally in Illinois, all drivers are required to have minimum levels of insurance coverage.
Car insurance provides financial protection for drivers in Illinois. Policyholders pay an insurance company a monthly fee, which covers specified losses, damages, or injuries. In an accident, auto insurance can cover repair costs for your vehicle and the other party’s vehicle. This type of policy can involve first-party claims, filed with your own insurance company, or third-party claims, filed with the at-fault driver’s insurance.
Illinois law requires drivers to carry liability insurance, as well as uninsured and underinsured motorist coverage.
Liability Coverage
Liability coverage is responsible for compensating for injury to another person or damage to property caused by your negligent vehicle operation. It can also cover accidents caused by a family member or someone using your vehicle with your permission.
Drivers are obligated to have at least $25,000 in liability insurance for one person and $50,000 for two or more people injured or killed in a car accident. They also need at least $20,000 for property damage per accident. In Illinois, car owners must provide proof of car insurance at least twice a year. Failure to have this mandatory coverage can result in a driver receiving a ticket and a fine. In 2022, only 0.74% of drivers with liability insurance filed bodily injury liability claims.
Uninsured Motorist Coverage
If you’re involved in an accident with a driver who is at fault and doesn’t have insurance, uninsured motorist coverage can protect you. This coverage ensures that you are in the same position you would have been if the at-fault driver had liability insurance. Uninsured motorist coverage is considered a first-party claim, meaning that your own insurance company provides it, and you file a claim with them. This type of coverage protects bodily injury.
In Illinois, uninsured motorist coverage is mandatory, and the minimum limits for this coverage are the same as those required for liability insurance. Drivers in Illinois must have uninsured motorist coverage with a minimum of $25,000 for one person injured per accident and $50,000 for two or more people injured per accident. While coverage for property damage is not required, you may have the option to obtain this coverage from your insurance company at a higher monthly premium, based on their terms.
Underinsured Motorist Coverage
If you are injured by a driver at fault and his or her insurance coverage is insufficient to cover your medical treatment, your insurance company will cover the difference between the at-fault driver’s insurance limits and your medical bills, up to your policy’s maximum coverage. In Illinois, underinsured motorist coverage is mandatory. It requires a minimum coverage of $25,000 for injury to one person and $50,000 for injury to two or more people per accident, similar to uninsured motorist coverage.
What Are Your Legal Options for Recovering Medical Expenses After a Car Accident?
After an accident caused by another driver, you can file a personal injury claim to pay for your medical expenses. Understanding how to document injuries in a car accident may help you when pursuing compensation through different insurance plans or by initiating legal action.
Personal Health Insurance
If you have health insurance, your insurer may be able to cover expenses relating to your injuries, which can be helpful when you require emergency room visits. However, if your injuries are more severe, you may find yourself facing higher medical expenses, and your health insurance plan may not cover the entire cost of your care. Some medical services and medications necessitate deductibles and co-pays. Certain insurance companies distinguish between in-network and out-of-network providers, meaning that out-of-network visits may require you to pay out-of-pocket.
If you receive a settlement from the other driver’s insurance company, your healthcare insurer will expect reimbursement for the full billed amount. Car accident attorneys can assist you in collecting compensation for all the medical expenses resulting from the accident, including emergency transportation and room visits, hospitalizations, medications, physical therapy sessions, specialist referrals, and medical imaging such as X-rays, CAT scans, and MRIs.
Personal Auto Insurance Policy
Does car insurance pay for medical bills? A personal auto insurance policy may cover medical expenses after a car accident. Similar to health insurance, it provides various coverage options for physical injuries. Depending on the policy, these options can cover injuries regardless of fault. If you win compensation through a lawsuit, you may need to reimburse your auto insurance provider.
Pursuing Compensation From the Other Driver’s Insurance Policy
When another driver is responsible for your accident, you may be eligible to make a third-party claim with his or her insurance policy. In Illinois, the fault system is followed for accident and insurance matters, which means you must file a claim with the at-fault party’s insurance provider rather than your own. Most people will have adhered to the law and procured insurance that covers specific financial damages like property and medical expenses.
Since you’re filing a claim with the at-fault party’s insurance, the amount you can receive will be restricted by the coverage purchased by the at-fault party. For instance, if the at-fault party only has $50,000 in bodily injury liability coverage and your medical expenses exceed $100,000, the insurance company will only compensate you up to $50,000.
By filing a claim with the other driver’s insurance company, you can potentially receive your compensation without needing a trial.
Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage is intended to provide financial compensation for damages resulting from an accident caused by an uninsured driver. If the driver responsible for your accident is uninsured, your uninsured motorist coverage can help pay for medical expenses. Uninsured motorist coverage can apply to both property damage and bodily injury, so it’s necessary to specify the type of coverage you’re seeking when dealing with an insurance adjuster.
Additionally, if the liability limits of the at-fault driver are lower than your underinsured motorist limits, your underinsured motorist bodily injury insurance can cover the difference. This type of insurance is designed to offer protection in situations where another driver causes an accident and his or her liability coverage is insufficient to fully compensate you for your losses.
Filing a Lawsuit for Car Accident Injuries
If your insurance company denies your claim or the other driver’s insurance company does, you have the option to file a lawsuit. Filing a lawsuit against the other driver ensures that you receive fair compensation for a personal injury accident. This may be necessary if your injuries exceed the other driver’s insurance policy limits or your underinsured motorist coverage limits. For instance, if a reckless driver has minimal coverage for bodily harm, but your medical bills total $100,000, you may need to take legal action.
When to Seek Legal Advice
You are not required by law to enlist the services of a lawyer when pursuing compensation following a car accident. You have the freedom to seek legal representation at any point during the car insurance claim process or while pursuing a personal injury lawsuit. However, it is advisable to reach out to an attorney as soon as possible. The most opportune time to engage a car accident lawyer is shortly after the accident. There are several benefits to involving an attorney in your case promptly.
Each claim is subject to a statute of limitations, which represents the deadline for filing a claim. Failure to meet these deadlines means the injured party loses the right to compensation.
The earlier an attorney becomes involved, the more time he or she has to gather evidence and strengthen your case. An attorney is more likely to build a strong case if he or she is involved from the beginning.
While securing a lawyer does not ensure a favorable outcome for your case, a lawyer will be able to explain what average car accident settlement amounts are, help determine who is liable for a multi-car accident, will assist in investigating the accident and gathering evidence to prove the other driver’s negligence, and can handle negotiations with insurance companies on your behalf.
If you’ve been injured in a car accident, you may be eligible to receive compensation from the insurance company of the driver at fault, as well as from other sources. To ensure that you receive fair and complete compensation, contact us at the Lloyd Miller Law Group.
