Legal Question in Personal Injury in California
I was injured in a motorcycle accident as a passenger in May. My personal medical insurance company paid a portion of the bills and I am responsible for paying the rest. The person I was riding with (who was at fault) has an insurance policy with a $100,000 limit for personal injury claims. When I spoke to the agent for his insurance company, I was told that that the settlement we would eventually make was only for the injury, and any bills I was responsible for, not for any other medical bills. My question is whether I would have to use the money from the settlement to pay back my personal medical insurance company for the bills they covered.
3 Answers from Attorneys
Typically your own insurance company will have a paragraph in the policy language that allows them to get reimbursement for their expenses if you recover from someone else. If you have an attorney, the attorney can usually get a reduction of the amount that you may owe to your own insurance company for them paying your medical bills.
Your personal medical insurance company does have lien rights against your settlement, and therefore, your medical insurance carrier would expect to be reimbursed from your settlement. Please note however that these sums could be negotiated down in most cases.
This is something to consider when resolving your case. You may wish to consider having a skilled professional on your side because being involved in an accident, and attempting to deal with all the issues (including the issue raised in your question) on your own is usually a complicated task. If you would like a free consultation, please feel free to contact me at 1.877.505.INJURY.
My friend, the defense insurance company is trying to rip you off. Do not believe them, and in a case this serious, you should not even be TALKING to them directly. The defense has to pay for ALL damages their insured caused, including your medical bills, pain and suffering, and lost earnings if any. You really need to hire a lawyer, or they will take advantage of you. I suggest you contact me right away toll-free at 877-LION-FOR-LAW
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