West Virginia Car Accident: Do you know you can use med pay to pay your medical bills?
It can be a scary chain of events through no fault of your own you are in a car accident. Your life seems to be spinning out of control and you are rushed to the hospital, treated in the emergency room and after a few difficult days, you are released.
You feel lucky to be alive, but the worry is not over. How are you going to pay for the hospital and the medical bills. The very institution that help save you life is now scrambling and looking to you for money.
Before the calls what can you do? Like many West Virginians, you may have no health insurance. However, hopefully, prior to this accident, you have opted to have medical pay added to your auto insurance policy. Wait a minute you say, "The accident wasn't my fault, doesn't the other person's insurance have to pay?" Well, you are only half -right.
The at-fault party's insurance company does have to pay under the liability provisions of the at fault driver, but only one time and with one lump sum in exchange for a full release. Unless you settle you case early before you have completely recovered the at fault insurance company will not help you. What they want is for you to settle early before you know if you have fully recovered or may have future medical bills.
If you settle too soon, you cannot recover any future damages if you later have a medical setback. This is where if you have med pay on your policy you can turn for help.
The West Virginia Insurance Commission defines medical payments coverage as a form of insurance that pays for medical and funeral expenses regardless of liability.
Most policies in West Virginia provide for medical payments coverage and some insurance companies wisely offer higher levels of medical payments coverage. For example, State Farm policies routinely has $25,000 in medical payments coverage.
In these difficult economic times, we are all trying to find ways to cut cost. However, check with your agent to determine the amount of med pay you have on your policy. If you are without health insurance, med pay can be a welcome discovery, if unfortunately you or your passenger are in an accident.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "West Virginia Car Accident: Do you know you can use med pay to pay your medical bills?" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
- •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What steps should I take immediately after a motor vehicle accident in West Virginia?
Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.
How does comparative fault affect car accident settlements in West Virginia?
West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.
Related Practice Resources & Analysis
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