Legal Question in Personal Injury in California

If a party is involved in an accident as a result of a DUI and suffers Injuries,can thier health care provider deny coverage for injuries suffered as a result of the accident.


Asked on 12/25/11, 6:27 pm

7 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No, but they will insist on being reimbursed from the proceeds of your lawsuit. You should have already retained a lawyer, and he or she will negotiate this issue at the end of the case. Please feel free to call and discuss. Watch out for legal time limits.

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Answered on 12/25/11, 6:47 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

The answer is no whether you were the driver who got the dui or a passenger in a vehicle that crashed or your vehicle was struck by a drunk driver The only permutations involved turn on whether you were the driver who was dui as far as being able to recover damages

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Answered on 12/25/11, 8:42 pm
Tony Carballo Carballo Law Offices

You cannot be denied treatment if covered by health insurance whether or not you are suing someone for your injuries. If you get money you will have to reimburse the insurance company.

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Answered on 12/26/11, 9:03 am
Robert Worth Robert J. Worth , Professional Law Corporation

The DUI issue is not relevant with regards to the right to health insurance benefits. If you were hurt and receive medical treatment your health insurance should cover that treatment subject to you reaching your deductible (if you still have no fully satisfied it) and any limitations of coverage benefits. Of course, as already stated by Mr. Carballo, there may be a policy provision requiring reimbursement if you recover from the negligent driver at some later point, but read or consult an attorney to determine if that reimbursement provision does exist. I hope this helps you.

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Answered on 12/26/11, 9:18 am


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