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Fellows, Kee, Tymoczko & Pierson LLC

Car Accidents

Most people who are involved in a car accident wonder, what should I do now?

The first thing you should do is seek appropriate medical care. Your first and foremost concern should be your health. You should notify the police of the incident and also your own auto insurance carrier, even if you were not at fault.

You may then wonder, how do I get my medical bills paid?

The answer to this question varies from case to case. There are a number of options. If you have health insurance you can submit your bills to the health insurance company. The health insurance may not pay the bill if it decides someone else is at fault. If it does pay, most health insurance policies require you to pay them back if you recover from the person who hurt you. Because of certain provisions in Maine law, you may not have to pay back 100% of what the insurance carrier paid.

Medical payment insurance under the auto insurance policy in question may also be responsible. This coverage is generally limited and again, if it is paid by the medical payment insurance carrier, you may have to pay them back if you receive money from the individual or company that hurt you.

This can be a complicated area and you should seek the advice of an attorney who concentrates in this area of the law.

Your case can be much more complicated if the other driver does not have insurance or has inadequate insurance. But just because there is no insurance does not mean you cannot recover from the person who injured you. If they were negligent you generally have the right to recover directly from them. In addition, every Maine insurance policy has to include an “uninsured motorist” insurance provision. This is a type of insurance that allows your own insurance policy to pay you if the other driver in the accident was at fault and did not have car insurance or has inadequate insurance.

What policy of insurance applies and to what extent is a complicated area of the law and you should seek the assistance of a lawyer with experience in this area of the law.

If another is at fault in the accident, you can deal with that person’s insurance company yourself. But you must remember it is the insurance adjuster’s role to pay you as little as possible to resolve your claim. Insurance carriers are for-profit businesses and generally have their own interests, not yours, in mind. You must also remember that the adjuster you deal with will generally be very experienced in these matters whereas you probably have never dealt with this type of situation before. Again it would be wise to consult an experienced personal injury attorney.

The first conference on any personal injury matter is free and there is no fee unless we recover money for you.