The Legal Side Of Car Accidents, Just What Is the Truth? Part 2

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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The Legal Side Of Car Accidents, Just What Is the Truth? Part 2

Answers To Frequently Asked Questions

Part 2

Which insurance companies are responsible for paying my medical bills?

There may be several insurance companies who have at least some responsibility to pay your medical bills. First, you should submit your bills to your own health insurance company. You have paid them a premium to act quickly and fairly on your behalf. Next, you may have “medical payments” coverage under your own car insurance policy.

Ultimately, the car insurance company for the wrongdoer who caused the accident is also responsible to fully repay you for the medical expenses you incur as a result of their carelessness. Since this may take time (years, in some cases) it is important to make sure that you submit your claims to your own health insurance company in a timely manner.

Special note Beware of any healthcare provider who insists that your bills not be submitted to your own healthcare insurance company and instead offers to “take an assignment” of your personal injury claim to have their bills paid “later.” This is generally a very expensive proposition for you and one not mandated by any health insurance contract.

How are lawyers paid in a car accident case?

Generally, the attorney representing the injured party will be paid a percentage of the total recovery in the case. That percentage varies from 25-40%, depending on the attorney. This fee is negotiable. Many attorneys will also use a sliding scale percentage, charging a lower percentage if the case settles before a lawsuit is filed and a larger percentage after the case is filed.

In addition to the percentage of recovery (known as the “contingent fee”), the attorney will also incur out-of-pocket expenses that must be repaid. Out-of-pocket expenses typically include fees for obtaining medical records, expert witness fees for speaking to treating doctors, and filing and other court-associated fees if the case cannot be settled.

The attorney representing the wrongdoer is typically paid by the wrongdoer's insurance company. That attorney is typically being paid by the hour, although sometimes he or she is receiving a flat fee for handling the entire case.

How do I know if I have a valid claim?

In many situations, it will be clear that the wrongdoer was careless (or “negligent”) and was the sole cause for the accident. In other cases, there may be a dispute as to who was the cause of the accident. Your attorney may need to interview witnesses and talk to the police officer before making a determination as to whether your case is one that is to be pursued.

Virginia has a special rule for claimants. The law of “contributory negligence” says that if you were in any way responsible for the accident and injuries, you cannot recover money, even if the wrongdoer was primarily responsible for the accident. This is a very harsh rule followed by only three states in the country.