[mmartinez3713]

My husband was is a terrible car accident on Dec 5 which cause lots of injuries he broke almost every bone in his body and so did the other driver we are fully covered with both medical and car insurance I have taken every step to getting his car paid for and evan hiring a lawyer to go after for loss of wages and for medical cost but the other driver was only 17 and the car she was driving did not belong to her nor did she was any coverage or did the person who's care it belonged to what is my next step I don't know what to do. It is christmas and everyone is on vacation and I'm worried about bill that are starting to roll in what should I do ?

[JudyKayTee]

You have an Attorney. It's inappropriate and foolish for anyone to offer other than blanket information.

I'm an accident investigator in NY. Your Attorney's office (presumably) is closed today. The US Post Office is not delivering mail. You won't receive any bills today.

When you DO get a bill, depending on your understanding and/or agreement with your Attorney, you either submit it directly to YOUR no-fault carrier (which pays your medical bills) OR send it to the Attorney to handle.

In NY - where I am - you won't get a bill because the medical providers are billing no-fault direct. If there is an error you give the provider YOUR insurance information and they bill the company DIRECT.

Prescriptions? Very occasionally the no-fault carrier will provide you with info so they are paid for directly by the carrier. The usual practice is to provide the info (a copy of the prescription and a receipt) to YOUR insurance carrier, and you will be reimbused.

Concerning medical bills in general - YOUR no-fault insurance pays. Hers has nothing to do with it.

YOUR no fault also pays your husband's lost wages - you don't need an Attorney to file for benefits.

All States have a time frame within which the accident MUST be reported to YOUR company. I trust your Attorney has done this.

If the other car/driver had no insurance you can go one of two ways - uninsured motorist through SOME States OR underinsured/uninsured coverage on YOUR policy.

Bills should not be "rolling in." Notify the carriers of YOUR policy and claim info.

Every bone in his body was broken? What State, by the way?

[Fr_Chuck]

If the driver did not have any insurance, and if the owner of the vechile did not have the car insured, there is really nothing you can do. You can win a 2 million dollar claim but if they people have 300 dollars in the bank, you may get 200 dollars a month for the rest of your life.

Also you would have unisured coverage but normally that is a limited amount 50,000 or 100,000 dollars.

[JudyKayTee]

If the driver did not have any insurance, and if the owner of the vechile did not have the car insured, there is really nothing you can do. You can win a 2 million dollar claim but if they people have 300 dollars in the bank, you may get 200 dollars a month for the rest of your life.

Also you would have unisured coverage but normally that is a limited amount 50,000 or 100,000 dollars.

- And I JUST saw an umbrella (coverage) get pulled into the mix.

I just read this over again - is OP asking about no fault insurance (which was my knee jerk reaction) OR an accident where the husband was NOT at fault - ?

If I get that info I can give a better accident - also need the name of the Country or State.

[Fr_Chuck]

Yes, not sure of the insurance coverage, I am assuming the other people are at fault. But the OP needs to be a little more clear.

But if the other people don't have insurance and don't have money there is nothing that can really be done to them.

[JudyKayTee]

Yes, not sure of the insurance coverage, I am assuming the other people are at fault. But the OP needs to be a little more clear.

But if the other people don't have insurance and don't have money there is nothing that can really be done to them.

- Right. In NY you can get a judgment resulting from an uninsured MV accident and that causes DMV to revoke the person's license.

That uninsured person then continues to drive, now uninsured and unlicensed.

Sigh.

[mmartinez3713]

I am in TN he was not at fault she hydroplaned and hit him head on

[mmartinez3713]

We live in TN and she was at fault

[JudyKayTee]

TN IS a no fault State - my advice is sound.

You are not understanding me. No Fault Insurance is a type of motor vehicle insurance. Some States have no fault insurance; others do not. No Fault simply means that no matter WHO IS AT FAULT your own auto insurance pays YOUR medical bills.

When I say you, of course, I mean you or your husband - in this case.

You don't pay the medical bills and get reimbursed; you don't submit the medical bills to your health insurance carrier; you don't sue the other driver for your medical bills. They are billed directly to the insurance company. IF you have submitted the Notice of Claim within the mandatory time frame (often 30 days) it's automatic. Motor vehicle accident bills are specifically excluded from MOST health insurance policies.

Fault for the accident is a completely separate thing. If your husband is 100% responsible for the accident (and I understand he is not) your no-fault motor vehicle insurance STILL pays all his medical bills.

Pain and suffering would be covered by the other vehicle and would involve a claim and possibly a lawsuit.

I'm not sure you understand what I'm saying and I know it can get confusing. Do you understand me?

When you say "no fault for accident" I can't tell if you are asking about insurance coverage OR responsibility for the accident.

How is your husband recuperating? Is he doing well?