Legal Question in Personal Injury in Texas
I was hurt in a boating accident..went to er and xrays were taken and i have a separated shoulder..the friend of mine that was driving the boat offered to pay for everything out of his pocket..i told him that he wouldnt have the money to pay outta pocket..i suggested using his insurance..he made the comment his premiums would go up..now i have an attorney and after being off work for 6 months and diagnosed also with cervical stenosis from the accident..ive had surgery on neck and having surgery on shoulder in dec. my question is why does my settlement from his insurance have to pay my insurance back a percentage that they have covered..his max. payout was 25k..my injuries have already exceeded that amount..im not going to be able to return back to the job i was doing where i made good money..may be applying for disability..My ex friend that drove the boat owns no property or anything else..im in a bind..i dont understand why i have to pay my insurance back on everything they have paid for, why doesnt he have to do that...
1 Answer from Attorneys
If you have an attorney, you should address this question to your attorney.
You need to read the copy of your health insurance policy. Most likely, it has language that says that if the health insurance company pays for medical bills arising from an accident caused by a third-party (driver of the boat) they have a right to ask for that money to be paid back.
In law, this is known as "subrogation." I suggest you bring a copy of your health insurance policy to your lawyer and discuss this with them. You need to confirm the health insurance company has a legal right to seek $ from the case.
Sometimes, the insurance company will reduce the amount of money it wants from your personal injury settlement.
For free information on Texas personal injury cases, please visit www.kiplawfirm.com
Good luck and I am sorry to hear about your conditions and injuries.
Sincerely,
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