Legal Question in Personal Injury in Kentucky
Car accident
I was in a car accident, which was not my fault. Anyway it has been 11 months, I'am still being treated for my injuries. My auto insurance company covered my bills up to 10,000, now I have to go to my health insurance. I was told that I would have to pay my health insurance back all the money that they will pay for my doctor bills from my injuries. That is from my settlement for pain and suffering. Is that true? I thought the other guys insurance had to pay for my medical. Also, now since there is no money left from my auto insurance they are trying to make me settle the case. I really don't want to because I'm no better. Please help, I'm so confussed!
1 Answer from Attorneys
Re: Car accident
Your Health Ins. Co. has a right of subrogation by contract against proceeds you may get in settlement, to a degree. They may not be able to get proceeds for pain and suffering, but if you get paid for medical bills, they have a right to subrogate against that.
DON'T NEGOTIATE OR SETTLE THIS WITHOUT AT LEAST CONSULTING AN ATTORNEY!!! If you are still injured 11 months post accident, you may have permanent damage, or injuries which may require future medical treatment or surgery. The insurance company is not looking out for you, they are looking out for the companies bottom line.
The sooner you get an attorney involved, the better chance you have of preserving the evidence and developing the medical portion of the claim for possible trial. Attorney's are trained negotiators and will be able to evaluate your case and come to a good settlement for you with the insurance company.
If you wish to talk more, please feel free to call. 859-491-5800. Best of luck with your case, and I hope you feel better soon.
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