Legal Question in Personal Injury in Texas

Injury claim settlement

I was injured in a bicycle accident, filed suit, am now awaiting compensation. My attorney says out of my compensation I have to re-pay my insurance company all the money it paid to dr., hosp., therapy, etc. I paid all of the co-payments myself, this is my own personal insurance I have been paying premiums to for over 20 years. Why do I need to repay them? Isn't that why I have them?


Asked on 9/20/08, 3:58 pm

3 Answers from Attorneys
Gregg Oberg Oberg Law Office

Re: Injury claim settlement

your health insurance is contract you agreed to. If it has a Subrogation clause, then you have a contractual obligation to pay them back. Don't like it? Then help us all by voting for democrats!!!

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Answered on 9/20/08, 4:04 pm
Dan Street Street Law Firm

Re: Injury claim settlement

Yes. It's called "subrogation" and you can thank the Republican Party for this (and all the other so-called "tort reform" that has done nothing but give more money to insurance companies and less to injured victims). PLEASE remember this when you vote this November. Throw every single insurance-company-backed Republican (which is ALL of them) out of office and we'll all be much better off.

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Answered on 9/20/08, 4:31 pm

Re: Injury claim settlement

You have to look at your insurance policy. The Texas Supreme Court recently held that policies contain ing language that states that the insurance companies get paid back first of any recovery, get reimbursed first, even if there isn't enough money after the recovery to make you whole.

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Answered on 9/20/08, 7:43 pm


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