Medical treatment is one of the biggest expenses after any serious car accident. Generally, the person who caused a crash is responsible for paying for any harm suffered by other parties, including their medical bills. If you want your medical expenses covered in a personal injury claim, working with an experienced car accident lawyer can help you seek the money you need to restore your health.
For decades, the attorneys at McKinney, Tucker & Lemel LLC have dedicated themselves to representing South Carolinians hurt by someone else’s negligence. Previous clients can attest to our professionalism and skill in obtaining maximum compensation for their car accident injuries. Put us to work for you. Contact us today for a consultation.
How Do I Prove Who Was at Fault in the Car Accident?
In general, the party who caused a car accident is responsible for paying for any resulting injuries, though their auto insurance company typically covers those costs. If you want the other driver (or another liable party) to pay for your medical treatment, you must prove they are to blame for the collision. You need strong evidence to support your claim, such as:
- Medical records – The first step in any personal injury claim is showing you sustained an injury. Doctors’ reports and medical records can provide details about your injuries and connect them directly to the crash.
- Police report – A police accident report provides an official account of the wreck. It often includes details about the scene, statements from drivers and witnesses, and sometimes the officer’s opinion on who caused the crash.
- Witness statements – Eyewitnesses provide valuable information about what they observed at the accident scene. Their accounts help confirm details and give an unbiased view of the events leading up to the crash.
- Photographs – Take pictures of the crash scene, vehicle damage, and any visible injuries you suffered. These photos can show the severity of the injuries and illustrate how the accident happened.
- Video footage – Surveillance cameras, dash cams, or cellphone videos may have captured the accident as it occurred. This footage can be a clear and compelling way to show what transpired and prove fault.
- Expert testimony – Some car accidents are complex, and building a solid case may require consulting experts like accident reconstruction specialists to analyze the scene and testify about the technical aspects of the case.
How Do I Prove My Medical Expenses?
The key to proving your medical expenses after a car accident is to keep all the documents related to your treatment. Start by saving every medical bill from your doctors, hospitals, and any specialists you visit. These bills show the cost of your care and treatment. Include receipts from any co-pays at those appointments.
In addition, keep receipts for any out-of-pocket expenses, like prescription medications or medical equipment, that you needed during your recovery. These receipts show additional healthcare costs you had to pay because of the accident.
Ask for detailed statements from your healthcare providers. These statements list the services you received and the cost for each.
Finally, maintain a personal record of your medical visits and treatments. Write down the dates of your medical appointments, the names of the doctors you saw, and what treatments or medications they gave you. Don’t forget to document all rehabilitative care, such as physical therapy and occupational therapy.
What if the At-Fault Driver Had No Insurance or Not Enough?
Insurance companies will only pay up to the liable policyholder’s limits in a car accident claim, no matter the extent of your medical bills or other losses. Depending on the at-fault driver’s insurance coverage, an insurance settlement might not be enough to cover all your medical expenses.
You have a few options to pay medical bills in this kind of situation. You can file a personal injury lawsuit against the responsible party and seek additional compensation directly. However, a driver with low or no insurance may have few assets you could claim in a lawsuit.
If you have uninsured/underinsured motorist coverage (UM/UIM) as part of your auto insurance policy, you can file a claim with your insurer to cover your medical expenses. The South Carolina Department of Insurance requires all registered drivers to purchase uninsured motorist insurance (UM), so you likely carry this coverage already. However, while insurers are required to offer underinsured motorist coverage (UIM), drivers are not required to purchase it. Check your policy to verify what coverage you have and how to leverage it to pay your medical bills.
Can I Use My Health Insurance to Pay My Car Accident Medical Bills?
Yes, you can use your health insurance to pay car accident-related medical bills. However, this insurance is subject to deductibles and co-pays, which could leave you paying for certain expenses out of pocket.
If your health insurance and the other driver’s coverage are insufficient to cover all your medical expenses, you may need to explore different ways to pay your bills. Some drivers have medical payments coverage (MedPay) as part of their auto insurance policy. MedPay can help you cover the cost of your medical treatment regardless of who was at fault for this accident. A knowledgeable car accident lawyer can review your insurance coverage and explore options for paying your medical bills after a crash.
How Long Do I File a Car Accident Lawsuit in South Carolina?
Under South Carolina law, you usually have three years from the date of a car accident to file a lawsuit against the liable driver. However, other time limits may apply depending on who is responsible for the collision. For instance, you have a much shorter deadline to inform a local or state government of your intent to sue. For this reason, it is important to contact an attorney as soon as possible so that they can start working on your case and assist you in pursuing the money you need. Waiting too long to talk to a lawyer could cost you your right to compensation.
Contact a South Carolina Car Accident Lawyer
If you’re struggling to pay your medical bills after a South Carolina crash, the car accident attorneys at McKinney, Tucker & Lemel LLC can file a personal injury claim to pursue the money you need. Call or complete our contact form today for a consultation. We’re here to support you every step of the way.
