At Fault Driver Ran a Red Light...

by Karen
(Laurinburg, NC USA)

On august of 2010 I was the victim of an automobile accident. The other party ran a red light and was at fault. I received a fractured disc and had back surgery in January 2011.

Will the medical bills be covered by the insurance company of the at-fault driver? How do I get reimbursed? Thanks.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "At Fault Driver Ran a Red Light...":

Karen:

If your injuries occurred in January of 2011, we can only presume you have already been communicating with the at-fault driver’s insurance company. If for some reason you have not, now would be a very good time to start.

If the at-fault driver received a citation from the police your case will be greatly strengthened. Fault is the most important factor in a lawsuit over money.

To address your point we can tell you the at-fault driver’s insurance company should be responsible for your damages. Damages are defined as Medical Bills, Out of Pocket Expenses, and Lost Wages. The Courts can add additional money for Mental Anguish and Pain and Suffering.

To determine an appropriate amount to sue for there is a “rule of thumb.” Normally one would take their medical bills and multiple them by a figure ranging from 3x and higher. The reason for the disparity from 3 up is directly related to the degree and severity of your injuries.

In cases where a person’s injuries are nominal we usually suggest the injured party seek the assistance of a local Small Claims Court.

In cases where a person’s injuries are more serious (especially head, neck or back injuries) we strongly suggest our readers seek the advice and counsel of a skilled and experienced Personal Injury Attorney. Reputable Personal Injury Attorneys will not charge for an initial office consultation.

Back injuries normally require expert testimony. Expert testimony can be very expensive, often well beyond the means of an injured party. Most successful Personal Injury Attorneys pay the costs for experts “up front.” That means the Attorney advances the costs of experts. Doing so can be a gamble for Attorneys because if they do not prevail in the lawsuit, they will have lost not only their time, but their money as well.

The client has no exposure, meaning win or lose, you will not have to reimburse the Attorney for the money he spent on the case and will also owe her nothing for her legal representation.

We urge you to seek the counsel and advice of a skilled Personal Injury Attorney. Back cases are serious business and the amount of money awarded to you may be substantial.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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