I Was in a Motorcycle Crash. The At-Fault Party Pays My Medical Bills. Correct?
When there is a motorcycle crash, there is often the question as to the financial responsibility for medical bills. Logic would dictate that the at-fault party pays the medical bills of the motorcycle crash injury victim. Under the law, this can be technically due; however, the timing, source, and mechanism of the payment / responsibility should be discussed.
In Florida, all drivers and bikers have the responsibility to follow the rules of the road, laws, and otherwise operate the vehicle / motorcycle in a reasonably safe manner. When a driver is negligent, careless, or at-fault, then the injured motorcyclist has a legal recourse to seek out damages / compensation for medical care, medical bills, pain, suffering, loss of enjoyment of life, lost wages, and mental anguish. The motorcyclist can also seek out damages / compensation for any repairs or total loss to the bike. For purposes of this article, the focus will be on the issue of medical bills.
While the at-fault driver and the owner of the at-fault vehicle may be legally liable for the medical bills of the injured motorcyclist, this does not mean that the insurance company is going to make it easy on the injury victim. Let's discuss the common issues / challenges that arise in the aftermath of a motorcycle crash.Piece Meal Timely Payment versus Lump Sum Payment of Medical Bills
In most cases, the at-fault driver's insurance carrier will not make piece meal timely payments of the injury victim's medical bills. While the at-fault driver can be legally responsible for such bills, the insurance carrier for the at-fault driver will not in most situations make payments as the medical bills are submitted or as the medical treatment is needed. This can be referred to as piece meal timely payments. Certainly, it would make life easier for the injury victims know that bills are paid and current. It would also make life easier knowing that the medical care needed was going to paid on the spot or soon after the medical care is provided. Again, the piece meal timely payment option is rare. Insurance carriers typically pay medical bills concurrent (at the same time) as a lump sum total settlement of the case. When there is a total settlement of the case, a Release is typically required which states that all future rights to compensation are waived in exchange for the lump sum settlement. Insurance carriers for the at-fault driver are reluctant to pay out any funds for medical bills unless and until there is an executed Release.Reasonable and Necessary Medical Bills
Another issue that arises is the challenge to the reasonableness and necessity of the medical bills. When medical bills are incurred, insurance carriers still will review the nature of the charges and make a determination if the carrier is going to pay for these charges. In most instances, there are not any challenges to the initial emergency room visit or treatment for the next month or two. Beyond that, insurance carriers can get particular and unreasonable when reviewing the medical bills as well as the projected medical care needed according to the treating doctors.
In the aftermath of a Florida motorcycle crash, it is important to retain the services of an experienced Florida Motorcycle Accident Personal Injury Attorney. The challenges surrounding medical bills and the payment of the same are just parts of many challenges faced by an injury victim. As such, it makes sense to get legal representation in place to make sure there is proper advice and guidance as to the law, insurance coverages, financial responsibility, and other common issues that arise in the aftermath of a crash.
David Alan Wolf is a lifelong Floridian with strong ties to the community and his clients. He is a Double Gator - University of Florida graduate with over 32 years of experience in serving as an attorney for motorcycle accident victims. He truly understands the challenges that face injury victims and their families. He is the author of 12 books including the book titled - Watching Out for Motorcyclists - Freedom - Liberty - Justice - Legal Rights of Injured Bikers. Get a copy of this book at Free Motorcycle Book for Injury Victims.
With offices in Flagler Beach, Mount Dora, and Jacksonville, David Wolf will be there for you in your time of need. His Flagler Beach office is located on Moody Boulevard across the street from Publix. As a Flagler Beach resident, he is proud to be a local and a proud small business owner. He can be reached at (386) 348-HOWL or (386) 348-4695 or by e-mail at firstname.lastname@example.org.