Legal Question in Personal Injury in Oklahoma

Personal Injury Med Pay

I was in a car accident in Oklahoma, and was injured and the other person was found completely at fault, and his insurance is based in Oklahoma, and mine is based in Tennessee. Both insurance companies are State Farm. In Oklahoma the insurance company does not have a right of subrogation for medical payment coverage against its named insureds or members of their household. However I'm not sure if the same is true in TN. My question is, when I settle with the liable parties insurance company, will I have to then turn around and pay my insurance company(who has paid $5,000 in med pay) out of the settlement, or do I get to keep all of it?


Asked on 11/14/08, 3:40 pm

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Personal Injury Med Pay

If I understand the scenario correctly you should be able to keep the settlement. I don't believe the state in which an insurer operates as a corporation is determinative, or necessarily relevant, to the choice of law. However, the language in your policy may plainly dictate terms as well.

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Answered on 11/14/08, 4:31 pm


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