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.
7 Answers from Attorneys
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.
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
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.
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.