Legal Question in Personal Injury in Ohio
Car Accident
I was in a car accident in Novemeber 2002. The accident wasn't my fault. This guy ramed into the back of my car and totalled it. My lawyer says the final offer on my case is $9,861.00 and that out of that I have to pay my insurance my medical bills in the amount of $4,361.00.
Now why do I have to pay this back to my insurance if it wasn't my fault? What is the surpose of having car insurance if when you get into an accident they want paid back when your hurt and it's not your fault?? I'm saying, the guy that was at fault that hit me should pay my medical bills, not me. So why is my lawyer telling me I have to pay my insurance back? I have to pay my insurance every month, now why should I have it if I dont get any benefits from it when I get into an accident?? I see no point in paying my insurance because it wasn't my fault and I shouldn't have to pay them back that amount of money, they should be going after the guy that hit me, right? Please email me back. Thank You.
1 Answer from Attorneys
Re: Car Accident
The settlement includes compensation for your medical bills. You did not pay your medical bills, your insurance company paid them. The insurance contract probably has a "subrogation clause". That clause allows the insurance company to recover the amount of medical bills paid by it for expenses related to the accident. If you would have paid your bills, you would be receiving the amount from the settlement. Perhaps your insurance company would accept a lesser amount for their subrogation claim.
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