Legal Question in Insurance Law in Texas

Claim pain and suffering on your own insurance

My stepdaughter who had a permit, was driving, and crashed into concrete overpass; with her Dad as a passenger. No other vehicle involved. Husband's shoulder was completely shattered and had shoulder replacement.We have PIP of $5000, and medical insurance. Can we sue our own auto policy for pain and suffering? If so, do funds have to be reimbursed to medical insurance company?


Asked on 6/21/09, 10:16 am

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Claim pain and suffering on your own insurance

Yes..and i agree with David Leon's answer, call him or us to handle your case. It will not be easy to collect your benefits and avoid claim from health insurer to whom premiums were paid for protection

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Answered on 6/22/09, 8:58 am

Re: Claim pain and suffering on your own insurance

First off, I'm sorry to learn of your husband and child's accident. Was the driver injured as well? To answer your questions, yes, you may be able to file on your own insurance. However, you're bringing up some difficult subrogation issues on the health insurance. I would have to review your husband's auto and health policies. You are also in over your head on this case. You should have an attorney handle it for you. You have to be sure that the hospital followed protocol in billing your health insurance, and will provide follow up care based on it as well. Please contact a lawyer and have your case professionally handled. Most (if not all) personal injury attorneys would happily meet with you for free to evaluate your case. Most (if not all) would only get paid if they collect on your behalf. Where are you located? Where did the accident happen?

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Answered on 6/21/09, 10:31 am


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