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Who Pays Medical Bill After a Car Accident?



Delaware law requires that motor vehicles registered in the state carry a minimum of $15,000.00 per person/ $30,000.00 per vehicle in Personal Injury Protection (PIP) coverage. PIP coverage is a benefit that generally covers your medical expenses and lost wages, if applicable, up to your selected coverage amount and subject to any deductibles.


Delaware is a “No-Fault” state meaning that regardless of who is at fault for a collision, the PIP coverage on the vehicle YOU are in is the primary insurance company responsible for paying YOUR medical bills and lost wages. Therefore, even though another driver may be responsible for the collision, your own insurance company will pay your medical expenses and/or lost wages incurred within the two years following the collision.


Your insurance company will assign a claim number which you should provide to all medical providers with whom you seek medical treatment as a result of the collision. Your doctor will submit their bills directly to your insurance company and receive payment for services rendered directly from your insurance company. Unlike with personal health insurance, there are no co-pays associated with PIP claims.


If you exhaust your coverage before concluding treatment or continue treatment past the 2-year statute, you may use your health insurance.


Your PIP carrier will seek to be reimbursed from the at-fault driver’s insurance (through a process called subrogation) at the conclusion of your case.


If you have any questions or have been injured in an auto accident, reach out to an attorney at Kimmel Carter at 302-565-6100 for a free legal consultation.

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