Legal Question in Insurance Law in Louisiana

Four Wheeler Accident

While my son was riding on his four wheeler, my granddaughter and he collided. She had 3 cracked ribs and a punctured lung. She is fine now, but his insurance only wants to pay what their health insurance won't-then put the rest of the money in trust for her. Because of the hospital's incompetence, the deductible was taken off another hospital bill-and not her bill. So,now we have bills that we would not have had if the hospital would have filed the medical claim before. Can we make the insurance pay the deductible back to us?


Asked on 6/20/07, 4:43 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Four Wheeler Accident

Sorry, but I would need to see your policy. If it is your homeowners and they are secondary, then they should pay all not paid by the primary insurer. Again, I cannot be sure without seeing the policy. However, if the insurance company you are talking about is the primary carrier, they should pay ALL medicals, no matter what your health insurance paid. You would then have to pay the health insurer back IF THEY ASKED FOR REEMBURSEMENT. Take the policy to an attorney and ask. Should they be wrongfully refusing to pay, there should be provisions to pay attorneys fees.

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Answered on 6/21/07, 7:57 am


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