Legal Question in Personal Injury in Texas
Injury settlement
I was rear ended with the other driver at fault. As a result of the crash surgery was needed. For the time being my health insurance paid the cost for the surgery. Should my settlement be based off the discount my health insurance paid or the non discounted cost? Example doctor's charges submitted $5266.00 amount paid $1311.00.
1 Answer from Attorneys
Re: Injury settlement
That is an excellent question. The Republicans tried to greatly restrict the amount of money you could get in a settlement by passing House Bill 4 which states that you can only claim those medical bills not paid by any other source. Also in the bill is a provision that states that your settlement must be based upon the reduced amounts negotiated by your insurance carrier. However, there are many, many problems with this bill and it has not yet been tested in court. Since you will ultimately have to pay back your insurance company for whatever it paid on your behalf (this is called "subrogation," another jewel created by the Republicans), I think you should be able to collect far above your actual medical bills to compensate you for pain and suffering. In the end, your case is worth whatever you can squeeze out of the insurance company, but getting an insurance company to pay a fair settlement is becoming more and more difficult. You quite obviously need an attorney.