Personal Injury
Columbus, Ohio

Getting Medical Bills Covered After Rear-End Accidents

Rear-end accidents routinely occur at intersections when drivers in a rear vehicle start going before the car in front of them does. Rear-end crashes also result from tailgating, which occurs when one driver follows too closely behind the motorist in a lead vehicle. The driver who strikes the lead car from behind is almost always considered at fault for causing the collision to occur, because that motorist was expected to maintain a large enough space between his car and the front car that he'd have time to react and stop before a crash happened.

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Because Ohio is a fault state, most drivers don't have auto insurance coverage to pay for their own injuries. Drivers are required to buy $25,000 per person and $50,000 per accident in bodily injury coverage. This means the insurer of an at fault driver pays each injured person up to $25,000 and pays up to a total of $50,000 per accident in injury compensation when a crash is caused by a policyholder.

Victims injured in a front car when an Ohio rear-end crash happens can make a claim to get their losses covered by the rear driver's insurer. Rear drivers usually have no options to get auto insurance to cover their personal injury costs after an accident, although in rare cases they can try to argue a front driver was actually to blame and should pay for losses.

How to Get Medical Bills Covered After Rear-End Accidents

While a driver whose car was struck from behind usually can prove fairly easily that the rear driver was responsible for a crash, actually making a successful claim and getting compensation can still be a challenge.  The victims of the accident not only must prove the rear driver should be held liable, but almost must prove the extent of damages in losses. In other words, they must convince either an insurance company or a jury that the insurer should pay them what their claim is worth.

Victims can show the extent of injuries by demonstrating the medical treatment they have received to-date and by providing testimony from treating physicians. It is imperative for collision victims to get medical help right away after the crash to reduce the chance an insurer will argue injuries were pre-existing or injuries were exaggerated. The more proof there is of the extent of injuries and the costs of losses, the easier it will be for victims of rear-end accidents to make sure insurance covers all of their medical bills. Victims can also get insurers to cover other losses as well, providing they can prove they missed work, experienced pain, and/or experienced emotional distress.

Not only should victims be compensated for medical expenditures incurred at the time of settlement or at the time of litigation, but they should also get compensated for future medical treatment costs. Expert testimony can help to show what their ongoing expenses will be.

If victims convince insurers to offer a fair amount of compensation to cover medical bills and other damages, the case can be resolved in a negotiated settlement. Otherwise, victims will need to try to prevail in a personal injury civil suit to get their damages paid.

Categories: Car Accident

Scott Smith is a lawyer based out of Columbus, Ohio. He works hard to protect the rights of personal injury victims. He has three decades of experience in Central Ohio in cases ranging from car and truck accidents to premises liability.

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