Legal Question in Personal Injury in California
My fiancee is in the process of negotiating a personal injury claim for an accident that was not her fault. She has medical insurance through her employer, do we include the medical bills in our claim or just the co-pays that we had to pay at the initial visits? Is there a possibility that our insurance company will ask us to pay the medical bills after we settle our claim?
1 Answer from Attorneys
If the claim is substantial, your fiancee should probably get a lawyer. Sophisticated defendants -- especially those with insurance -- often manage to lowball plaintiffs in ways that only become apparent when it is too late.
Your fiancee should negotiate based upon the total amount of the medical bills. The insurer will probably be entitled to a portion of her recovery, though I would need more facts before I could say how much.
Keep in mind that, once your fiancee settles, she will no longer be able to collect from the defendant. If she will need future treatment, will lose future income, and/or will endure future pain and suffering, the time to collect for those losses is now.
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