Who Pays for Medical Treatment After a Rear-End Auto Accident?

Posted by PKSD Law Firm on Apr 27, 2020 in Car Accidents

injured female - car accidentFault for a rear-end auto accident is typically assigned to the driver who hit the car in front of his or her vehicle. However, there are some rear-end collisions where both drivers could share liability. When this happens, determining who is responsible for your medical bills may not be immediately clear.

At PKSD, we are prepared to help victims who have been injured in a rear-end car crash get compensation for their injuries. Learn how liability may be determined in this type of incident, and what sources may help you to cover your medical costs.

We are available to take your call 24/7, but we recommend that you contact our firm shortly after your accident to schedule your zero-cost initial consultation. If we take your case, we charge nothing upfront, and there are no fees to pay unless or until we achieve a recovery on your behalf.

Who Is Liable For The Accident?

In an at-fault state, like Wisconsin, the party who is liable for the accident is also responsible for the damages. Even following a rear-end accident, however, the insurance company will not assume that the driver in back is at fault, or solely at fault for the crash. A rear-end collision may be cut and dry in cases where the driver was:  

  • Speeding
  • Tailgating
  • Distracted
  • Driving under the influence of drugs or alcohol
  • Driving while drowsy
  • Driving aggressively

However, the driver in front may also contribute to a car crash by:

  • Failing to signal when changing lanes
  • Hitting the brakes without warning
  • Failing to check blind spots or use mirrors
  • Backing up suddenly
  • Having non-working brake lights due to poor vehicle maintenance
  • Failing to use hazard lights or get off the roadway when experiencing car trouble

Who Pays For Your Medical Treatment?

After suffering injuries due to a rear-end car crash, you will initially have to rely on your own health insurance. It is important to keep a record of all of these bills in an easy-to-access folder. If you pursue compensation for your damages, it will help you and your attorney to ensure those costs are accounted for and calculated with the total value of your claim.

Additional sources for covering your medical expenses following the accident include:

Med Pay

Medical payments coverage, more commonly known as Med Pay, is not required in Wisconsin. However, insurance providers are required to offer it to all policyholders. If purchased, this coverage will pay for medical care, regardless of fault. Policyholders must purchase a minimum of $1,000 coverage.

Insurance of At-fault Driver

If the other party is liable for the accident, or shares greater liability than you, his or her insurance is responsible for the damages. This includes medical expenses and other costs suffered by injured victims.

Uninsured/Underinsured Provisions

Wisconsin drivers are required to carry underinsured coverage (UIM) at a minimum of $25,000 per person and $50,000 per accident. However, motorists are not required to carry uninsured (UM) coverage. However, if you do have this protection, and the at-fault party is either uninsured or underinsured, it can be a beneficial supplement that may be used to help pay for your medical care and other costs resulting from the accident.

What Types Of Damages May Be Compensated After a Rear-End Crash?

If you suffered an injury due to a rear-end collision, you may be eligible to receive various types of compensation, including:

  • Medical expenses
  • Lost wages if you missed work while recovering
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional anguish
  • Loss of enjoyment of life
  • Loss of consortium

It is important to note that since Wisconsin adheres to a modified comparative negligence statute, you can pursue a claim, even if you are partially liable for the accident. However, your recovery will be reduced by your percentage of liability, and if you are more than 50 percent liable for the crash, your damages may not be recovered.

How an Attorney May Help Strengthen a Rear-End Crash Claim

Having experienced legal representation often results in recovering greater compensation than if you pursue a claim on your own. Additionally, our Milwaukee car accident lawyers are prepared to:

  • Thoroughly investigate the collision that caused your injuries
  • Gather supportive evidence for your case
  • Ensure liability is properly and fairly assessed
  • Help you to pursue fair compensation for the damages you suffered
  • Communicate with third parties on your behalf, including the insurance provider

    Get Legal Help For Your Rear-end Car Crash Today

    If you were injured in a rear-end accident, contact a member of our legal team today to learn whether you may have grounds to recover compensation for your damages.

    Our initial consultations are free and at no risk to you. If we find you have a valid case, we do not charge up-front costs, and you only pay for our services if we recover compensation on your behalf.

    Call PKSD Law at: 877-877-2228 to schedule your free consultation today.

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