Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you suffer injuries due to another driver’s fault, ensuring their insurer accepts liability for your medical bills involves several key steps:
1. Gather Clear Evidence of Liability
Obtain the police report, photos of the crash scene, witness statements, and any traffic citations. These items help establish fault by showing how the accident occurred and who was at fault.
2. Document Your Medical Treatment and Expenses
Keep all medical records, itemized bills, receipts, and physician statements. Under Pennsylvania’s No-Fault law, insurers must cover reasonable medical benefits. See 75 Pa.C.S. § 1711.
3. Provide Timely Notice and Proof of Loss
Submit your proof of loss, including medical records and bills, within 30 days of treatment. Insurers have 30 days to pay or deny a claim per 75 Pa.C.S. § 1798. Timely submissions prevent liability disputes and delay.
4. Follow Up on Insurer Requests
Respond promptly to any requests for additional documentation, medical examinations, or clarifications. Clear communication reduces challenges to liability and speeds up payment.
5. Send a Formal Demand Letter
If the insurer delays or denies payment, send a written demand explaining your injuries, treatment, expenses, and the legal basis for coverage. A detailed demand letter often prompts insurers to accept liability.
6. Consider a Bad Faith Claim if Denied Unfairly
If the insurer wrongfully refuses to pay despite clear liability, you may file a bad faith action under 42 Pa.C.S. § 8371. This statute allows recovery of extra damages when an insurer unreasonably denies benefits.
Helpful Hints
- Keep detailed copies of all correspondence, medical bills, and treatment records.
- Photograph vehicle damage and visible injury marks immediately after the accident.
- Obtain witness statements promptly while memories remain clear.
- Track deadlines closely: insurers must respond within 30 days of proof submission.
- Consider consulting a personal injury attorney if liability or coverage is contested.