Legal Question in Personal Injury in Ohio

Motorcycle Accident and Repaying 3rd Party Insurance

My husband was rearended at a toll booth in PA (we reside in OH). At the time, our personal insurance did not offer med payments on our insurance policy, and the person who hit him did not have med payment insurance either. The 3rd party ins (med mutual) paid the initial med bills but now they are saying they want to be reimbursed from any settlement my husband may recieve. Our lawyer, who is from PA, doesn't seem to know if in fact Med Mutual is intitled to be reimbursed. He said OH law is different than PA. The lawyer isn't pushing to find out for sure what rights Med Mutual has. My husband did receive $5,000 in property damage and the max he will receive for his pain and suffering (permanent back injury) is $15,000. If the settlement is for pain/suffering only, should he be required to pay Med Mutual?

Thank you for your input.


Asked on 12/12/05, 2:54 pm

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: Motorcycle Accident and Repaying 3rd Party Insurance

The insurance company has a subrogated interest which means that they are entitled to get back whatever money they paid out as a resultof the accident. New case law in Ohio, (Larson decision) has now made it even easier for the insurance company to get back what they paid.

It used too be that if the plaintiff was not made while from the settlement/judgment, the insurance company would not recover. Not so anymore.

Read more
Answered on 12/13/05, 1:23 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Ohio