Who is liable for medical bills if I rear-ended another car?

Question Details: I was involved in an auto accident in which I reared-ended someone. He agreed not to call police and let me pay for minor bumper damages. He said everyone appeared fine. It was him, his daughter in front seat and his other daughter in back seat. He said he would email me the next day, Saturday, if anyone was needing to see a doctor. He did not email me. Instead he emailed me Tuesday, 4 days later, to say his daughter was dizzy and had a headache that night, the daughter in the back seat. She went to the doctor on Monday and they said possible concussion and would be out of school until they did a concussion test. I have no damage, just scratches. His damage is a small debt on right side of bumper with some scratches. Am I responsible for his daughter's medical bills? Now he wants to go through my insurance. How do I know she hasn't been injured in the days after the accident and since he didn't let me know the next day she had symptoms?

Asked on 9/20/2016 under: Auto Accidents Connecticut

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S.L,. Member, California Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

You are liable for the medical bills because you were at fault in the accident.
Auto accident injuries do not necessarily manifest themselves immediately after the accident. It is common for the injuries to appear days, weeks or months after an accident.
It would be advisable for you to refer the matter to your auto insurance company which will handle the case for you.
You are liable for the medical bills and pain and suffering which is an amount in addition to the medical bills. If the person injured was a child, then of course there is no wage loss claim.
Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.
Most of these cases are settled with the insurance company without a lawsuit being filed. If the case is not settled with your insurance company, you will be sued for negligence. Don't worry about it because the cases are usually settled without filing a lawsuit. If a lawsuit is filed, your insurance company will provide you with an attorney at no cost to you. It may be months or years before the case gets to that point.

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