Will the insurance company pay for a car accident victim’s medical expenses?
If a driver suffers injuries in a car accident that requires medical treatment, the insurance company may provide them with compensation to cover some or all of their medical care. If the driver was involved in a collision with another motorist and they weren’t at fault, then they may be entitled to collect compensation by filing a third-party claim.
A third-party claim is one that is filed with another driver’s insurance company. A first-party claim is one that is filed by a driver with their own insurance carrier. Because West Virginia follows at-fault insurance laws, a driver who causes an accident is also liable for paying for the damage they cause.
For example, if Mike ran a red light and crashed into the side of Mary’s truck, Mary could file a claim with Mike’s insurance company because his actions led to the accident occurring. Now, depending on the type of insurance coverages Mike has will determine the maximum amount Mary can collect from the carrier.
Understanding West Virginia’s Minimum Insurance Requirements
While still considering the hypothetical situation described above, if Mike only purchased the minimum amount of insurance coverage the State of West Virginia requires, then Mary would only be able to collect up to $50,000 for bodily injuries and up to $25,000 for property damage.1 While this might sound like a lot, medical expenses do add up rather quickly, especially if the injuries an individual suffered are serious.
Now, if Mary was able to collect up to Mike’s insurance limits and still had accident-related expenses she couldn’t pay, depending on the types of coverages she purchased, she may also be entitled to file a claim with her carrier.
When should a driver consider suing the at-fault party?
A driver might consider filing a civil lawsuit against another party if:
- Their injuries are severe, and they aren’t able to recover much from the insurance company. This can happen when insurance limits are low, or the insurer doesn’t want to pay. Generally, when an insurance carrier doesn’t want to cover a claim even when it should, an individual should consider retaining a West Virginia accident lawyer to intervene.
- The at-fault party is uninsured. If a driver is uninsured and they cause an accident, they become 100% liable for a victim’s injuries and losses. If an individual was involved in an accident with an uninsured motorist in West Virginia, they should consider hiring a WV accident attorney who can help them value their damages and prepare their lawsuit.
The Lawyers at Kaufman & McPherson, PLLC Can Answer Car Accident-Related Questions
If an individual was injured in a car crash and they have questions they’d like to discuss with a lawyer, they can contact Kaufman & McPherson, PLLC. The West Virginia accident attorneys at this firm would be happy to address a victim’s concerns and provide legal representation if it is needed.
Kaufman & McPherson, PLLC can be reached at:
16 Sterling Drive, Suite 205
Bridgeport, West Virginia 26330
Phone: 304-449-5161
Website: www.wvattorneys.com
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