Legal Question in Personal Injury in California
Re-payment of Primary Medical Carrier
My teen son was hit while in a crosswalk. He is ok, and the injury to his knee is about 90% healed according to the orthopedic dr. The insurance company & I are working on settling the claim & figuring a dollar figure. To date, my personal medical, and supplemental policies have discounted and paid for the majority of the med bills. The adjustor has configured their re-payment in our settlement & told me I have to re-pay them. My question is: Are they going to come after me if they aren't reimbursed? Isn't that something that the insurance adjustor should do directly? Since the carrier is high risk, liability limits low, the settlement to my son, which is all that is left on the liability limits, are minimal. How will the med carrier know if the claim is settled? The policies are both with the same company (coverage through father and step father). THe secondary policy has yet to discount their portion. Any help with this complicated question is appreciated.
2 Answers from Attorneys
Re: Re-payment of Primary Medical Carrier
Insurance companies keep a mutually accessible database where if money is paid out by an insurance company... any other insurance company can find out.
Meaning: yes, you must pay them back (but you can negotiate the fee); yes, if you don't, they can come after you.
Re: Re-payment of Primary Medical Carrier
We get lots of mail here at lawguru from amateur wannabe lawyers who think they can handle their own personal injury cases. Your case is inexplicable as you are intent on screwing up not your own case, but that of your son. Attorney fees for services rendered to minors are limited by the court, so, even more than in other cases, you are not "saving money" by attempting to do it yourself.
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