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Question: I was hit by a truck on a highway in Wilmington, DE and had to go to the hospital. Who pays for the medical bills?

Answer: Under Delaware car insurance law, residents of Delaware who have car insurance policies issued in this state, receive PIP (personal injury protection) benefits under their own car insurance policies, regardless of who caused the accident. Most individuals who are injured in a car or truck accident believe that the other driver, the driver who caused the accident, pays for their medical bills after the accident. This is partially true. Initially, the innocent driver’s own car insurance company will pay for medical bills, up to the amount of PIP coverage purchased. However, the driver’s insurance company will then seek reimbursement from the negligent driver’s insurance company. This is known as subrogation.

PIP Claims for Medical Bills

In a truck accident case in Delaware, a driver who is injured and incurs medical expenses will make an initial claim with his or her own car insurance company. This is called a PIP claim. How much the injured driver can recover depends on how much coverage was purchased under the policy. By law, every car insurance policy issued in the state of Delaware must carry a minimum of $15,000 PIP coverage. While many individuals purchase the minimum coverage, many people purchase higher amounts, such as $25,000, $50,000 or even $100,000.

In this case, the injured driver would make the medical bill claim with his or her own car insurance company, up to the amount purchased. Let’s assume it was the state minimum, $15,000.

Related: Hurt in a Car Accident in Wilmington? Learn the Basics of Delaware PIP Coverage Law

Depending on the severity of the injuries, the initial emergency room/hospital visit can exhaust the $15,000 limit. Multiple diagnostic tests and surgeries can exhaust the limit. So what happens after the $15,000 limit is reached?

In the event the PIP coverage limit is reached, the injured individual’s medical bills would be covered by private health insurance. The injured individual would be able to take the negligent driver to court and sue for the remaining damages, including:

  • medical expenses and bills in excess of PIP,
  • out-of-pocket co-pays and expenses,
  • lost wages in excess of PIP, and
  • pain and suffering damages.

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If you were injured in a truck accident in the Delaware area, please call our firm for a free case review. (302) 658-1717

*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.

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