Questions from the Average Joe: Auto Accident V

by NPHM | August 6th, 2020

Q: My car’s airbags didn’t deploy when I got in an accident. Can I sue the manufacturer?

A: In recent years, many makes and models of vehicles have had recalls for airbags that fail to operate as they should. It is possible that your car is covered under a recall. If this is the case, a lawsuit is likely a good option to pay for the additional injuries and pain you endured when the airbags failed. Even if your car’s airbags weren’t recalled, you may still be able to file a lawsuit to recover expenses from your injuries, but more work will be required to prove that your airbags failed. This usually means hiring engineering and mechanical experts, as well as conducting testing on the vehicle itself. These cases can be expensive and complex, but they are not impossible. If your airbags failed when you needed them the most, an experienced products liability and auto accident attorney can help make sure your case is conducted correctly and get you the best possible result.

Q: My insurance expired the day I was in an accident. Is there anything I can do?

A: You might be surprised at how often this seems to be the case. It might feel like the universe is conspiring against you, but you’re not without options. In any car accident, the at-fault driver’s insurance is always going to be the primary payer on a claim. As a result, even if you didn’t have insurance, so long as the other driver did, you can still get your car fixed and your injury claim paid. The downside (apart from the state law that mandates insurance and the consequences that come with driving without it) is often speed. With your own insurance, you can get your car fixed immediately by paying your deductible. When you don’t have insurance, you will need to wait until the at-fault driver’s insurance company makes their liability determination and processes the claim. This usually takes longer than dealing with your own insurance company—sometimes many weeks or months longer.

Additionally, there is no stand-alone medical payments coverage on a liability policy. What this means is the additional coverage that can step in and pay medical bills outside of an injury claim that you might have had on your insurance is not available. Your bills will go unpaid until the injury claim resolves, which can take over a year. If you were in an accident and didn’t have insurance, an experienced attorney can help you navigate the difficult situation.

Q: I don’t have health insurance, but I was hurt in a car accident that wasn’t my fault. Is it okay if I go to the hospital?

A: Even if you don’t think you were seriously hurt in a car accident, it’s always a good idea to get checked out by a medical professional. Certain types of injuries can take a few days to manifest, and any pain that won’t go away can be the sign of something more serious. It may be tempting to avoid medical care for as long as possible if you don’t think you can afford it, but there are many options after a car accident to pay for your treatment without any out-of-pocket costs.

If the accident wasn’t your fault, provided the other driver has auto insurance, their insurance company will pay for your treatment. Even if they didn’t have insurance, if you have uninsured motorist coverage on your own policy, that can be used to pay your medical bills even without health insurance. In fact, even if an accident was your fault and you have medical payments (medpay) coverage on your policy, that can be used to pay for medical care following an accident.

There are no good reasons to allow yourself to live with pain after an auto accident simply for lack of health insurance. There’s very good chance auto insurance, in one form or another, will be able to step in and cover the bills. If you’re not sure if any of these apply or how to go about pursuing an injury claim, an experienced accident attorney can help you make sure you get the care you need to get past your pain and back on your feet.

Headshot of Zachary Belcher, Intake Attorney at Nurenberg, Paris, Heller & McCarthyGet to Know

Zachary Belcher joined Nurenberg, Paris, Heller & McCarthy and ensures that every individual who contacts the firm receives outstanding service and support throughout the intake process.

Zack graduated from Cleveland-Marshall College of Law in 2015 and has handled more than 500 injury cases for clients injured in automobile accidents.  He understands the stressful and life-altering situations clients face before seeking a personal injury attorney.

Contact our Cleveland Auto Accident Attorneys

Don’t let an auto accident consume your life. Let our Cleveland auto accident attorneys do the heavy lifting and purse the compensation you are owed for you injuries. Call us today at (216) 230 – 6352 or complete a free initial consultation form online.