Will The At Fault Driver Pay All Of My Medical Bills In Oklahoma?
The goal is to try to get the at fault driver to be responsible for not only all of your medical bills, but other things as well like loss of wages, loss of consortium, loss of assistance, disfigurement, and pain and suffering. If the case goes to a trial and a jury makes the decision, a jury can decide whether or not they believe that certain medical treatments were reasonable and necessary. Most often, the insurance company will have a doctor as an expert witness that is called to refute your own doctor’s testimony. They will try to argue that the medical treatments were not reasonable and necessary. If the jury believes the defense doctor and believes that your doctor over treated, then the jury can give an award of less than what your medical bills are.
Under Oklahoma law, there is a difference between paid versus incurred medical bills. So, if a person who is injured at the fault of somebody else has medical insurance, and the medical insurance pays for the treatment that resulted from the car wreck, then at trial, the injured person may only get to introduce what the insurance paid as opposed to what was billed. For example, if you had a $100,000 surgery and your insurance company paid $40,000 of it, then you would only get to say that you incurred $40,000 in medical as opposed to $100,000 in medical. Jury wise, $40,000 sound a lot less than a $100,000, and they might believe that your injuries weren’t as severe. At that point, if that’s what happened, and the jury only awards $40,000, you only owe that back to your insurance company, not to the doctors. It’s complicated, and we fight it every time. When we go to court, it is usually with the insurance companies, and we have to get the judges to agree with us that we should put in $100,000, from that example, instead of $40,000. But, in reality, an at fault driver should be responsible for all of the medical bills.
Should I Notify Both Mine And The Other Party’s Insurance Of An Accident And Injury?
If you are injured in a car wreck or any other incident, then you do need to make a claim with the at fault person’s insurance company. Your lawyer can help you with notifying the at fault party’s insurance company and submit a claim. You don’t have to do that on your own. It is also not necessarily your obligation to notify your own insurance company. However, if you have full coverage insurance on a car that was involved in a car wreck, you can go ahead and submit a property damage claim to your insurance and let them pay for repairs to your vehicle. It’s usually faster that way because your own insurance company will make the repairs, and then they will request to get reimbursed from the at fault driver’s insurance company. A lot of times that’s a reason to contact your insurance company. But, if you just have liability insurance and you are not at fault in the accident, then you don’t have any duty to put your insurance company on notice.
Should I Ever Give A Statement To The At Fault Driver’s Insurance Company?
You should never give a statement to the other person or the at-fault party’s insurance company.
How Do You Advise Clients Who Want To Handle An Auto Accident Claim Without An Attorney?
If a client wants to handle an auto accident claim without an attorney, they can act on their own behalf, they don’t have to have an attorney. However, the insurance companies’ job is to avoid paying you any money. Having an experienced lawyer can advise you based on the facts of the case. A lawyer will be able to assess your injuries, the treatment you’ve received, and give you a general idea of what the insurance company should be paying. Somebody who deals with personal injury cases all the time knows what a case is worth based on prior experience. Whereas, most people don’t have any idea what their case would be worth, so it’s really important to get a lawyer.
For more information on Payment Of Medical Bills In An Accident Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 467-3200 today.
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