October 20, 2014

Auto Insurance

State laws regarding medical insurance available for traumatic brain injuries sustained in an auto accident vary.  Typically, the insurance carrier for the vehicle that you (or your family) own pays your medical bills, if the policy provides for such coverage.

If you do not own the vehicle or live in a household with relatives who own the vehicle, under certain state laws your medical bills will be paid under that policy.  If there is no motor vehicle coverage in the household, typically medical bills will be paid by the auto insurance carrier for the vehicle in which you are a passenger when the accident occurred.

It is important to know that under the typical auto insurance policy, there is very limited “health” insurance coverage.

What happens when the insurance benefits under the auto policy are exhausted?
Once the insurance benefits under the auto policy have been paid
out, if you have other health insurance, your bills will then be paid
through that health insurance carrier.  If not, then you need to apply
for insurance benefits or Social Security, Medical Assistance and/or
Medicare.

What rights do you have to collect other compensation for injuries caused in a motor vehicle accident?
Catastrophic automobile accidents are caused by the drivers, the
vehicle, the roadway, or some combination.  Accordingly, an
investigation needs to be undertaken to determine the causes of a
catastrophic injury.  Only an experienced attorney can properly and
effectively investigate and analyze the matter.

The drivers involved in the accident may have some responsibility to compensate you for injuries and losses.  If the drivers do not have auto insurance, you may be able to receive benefits from your own auto insurance policy through the “uninsured motorist coverage” in your own policy.

Additionally, claims can be brought against others.  Products liability cases can be brought against the manufacturers of the vehicle if a defect in the vehicle caused the traumatic brain injury accident.  Claims can be brought against the state or municipal highway
department if the roadway is unsafe (one of the so-called “killer
highways”).

In certain circumstances, an investigation needs to be undertaken to determine whether any of the drivers were intoxicated, and whether any bar or other person is responsible for having continued to
serve an intoxicated or minor person.

A professional investigation by an experienced attorney, along
with investigators and forensic experts must be undertaken regarding the safety of the vehicle, the safety of the roadway and other circumstances surrounding the accident.

View answers to these TBI legal questions:

Funding Resources Homepage
Legal Questions: Who Pays For Long Term Care?
Legal Questions: Health and Accident Insurance
Legal Questions: Workers Compensation
Legal Questions: Auto Insurance
Legal Questions: Defective Products
Legal Questions: Slip and Falls
Legal Questions: Government
Legal Questions: Guardianship
Contact An Attorney
Disclaimer