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On Behalf of | Oct 12, 2021 | Personal Injury

One of the first concerns that many injured car accident victims in California have following an incident is wondering if their medical expenses will be reimbursed. This actually depends on the details of the case. California is an at-fault pure comparative negligence state, which simply means that an injured person must pursue compensation based on the driver’s level of fault. Claims for drivers and passengers will differ because passengers are rarely assessed any fault in an auto accident case.

Medical bill coverage

Medical bills are the first element of claims stemming from car accidents in California. This not only includes debts generated by physicians but also includes hospital stays and rehabilitation appointments. This is important for the sake of being reimbursed and is a central component to the entire claim.

How medical bills factor into a claim

The three basic economic compensatory elements in car accidents claims are physical property damage for the vehicle, lost wages recovery when the injured cannot work and financial recovery for medical bills. All three elements can be extensive. They also serve as a baseline when personal injury attorneys and insurance claims adjusters negotiate a settlement for non-economic general damages for ongoing medical problems.

How personal fault impacts a claim

There is a definite potential that a driver’s total claim value will be discounted when a case goes to court, including medical bill compensation. All drivers are assessed for personal contribution in causing the accident, expressed in a percentage form, and the percentage is then used to reduce their claim value accordingly.

It is vital for injured parties in car accidents to meet every medical appointment because insurance companies typically look for any reason they can find to reduce claim values. Missing appointments can provide a defense that an injury is not as serious as claimed, and it also lessens the baseline claim value.

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