If you were in a rear-end crash and you were driving the rear vehicle, you are presumed at fault for the crash. This means you likely can't get your bills paid and your insurer will have to pay other crash victims including passengers in your car and people in the front car. Drivers of rear vehicles may try to determine if something like a vehicle defect cause their crash to occur, or may explore whether they have optional additional insurance coverage beyond the liability insurance Texas law requires. Otherwise, rear drivers will have to pay their own medical bills and crash damages, except in rare circumstances where they can prove the behavior of the front driver was actually the crash cause.
For drivers in front vehicles, however, it is possible to make a claim against the insurer of the driver in the rear car. Drivers in the rear are supposed to maintain a safe following distance, and when a crash happens obviously they failed to maintain this distance. While victims who are hurt by drivers who hit the back of their vehicles should easily be able to make their case under Texas fault car accident laws, the legal process of actually getting compensation can be difficult.
Tips for Getting Medical Bills Paid After a Rear-End Crash
Medical bills are one of the costs which should be covered by a liability insurer of an at fault driver after a Texas collision. Victims can also get other losses covered by the responsible driver's insurer, including loss of wages and compensation for pain and suffering. There are two primary ways to get compensation from the other driver's insurer: by negotiating a settlement or by filing a civil lawsuit and pursuing a personal injury claim in court.
Whether you sue or whether you decide to settle your case, it is important you have ample evidence about the causes of the crash and about the extent of your losses. Some of the different things you can do to try to make sure your medical bills are paid in full include the following:
- Get witness contact info from the crash scene so witnesses can help back up your story about how the crash happened.
- Call the police and get a police report from the scene of the accident so you'll have additional evidence about how the crash occurred in case of a dispute.
- Go see a doctor right after the crash. You can get a thorough exam and get a diagnosis of all of your injuries so you can prove the injuries actually did occur because of the rear-end collision.
- Keep records of all medical bills. You'll want to be able to show the extent of your spending.
- Get medical experts to testify about ongoing costs. You want a settlement or jury verdict to cover future medical bills as well.
By following these basic steps you should be able to prevail in court or negotiate successfully for a settlement that covers your medical bills and other losses.