While you have contractual obligations to cooperate with the claims process, that authorization is over broad and puts them in control of your claim. You should be in control of your claim. It is bad enough insurance carriers routinely underestimate and take advantage of victims, but the manner of negotiation and resolution should be left up to you. Call a lawyer- soon. One of us would be happy to give you further information and help.
The primary answer is their is a right to medpay subrogation, but whether the insurance carrier will waive it all depends on a number of factors- your bills, injury, etc. if you are doing this on your own and quoting "the made whole doctrine" trying to save money, I've often seen insurance carriers take advantage. We'd recommend you hire a personal injury lawyer.
My deepest condolences. The key to suing a sovereign (government) entity is often a product of patience and perseverance. The path to justice can be very frustrating and choosing a lawyer who is interested in more than the "last offer" is key.
As governmental liability is limited to $200,000/$300,000 in ordinary instances and the value of a life is immeasurable, the process may require legislative approval of a judgment- a process known as a claims bill.
We are involved in a few high...
Certainly hire a lawyer. They can help with steering you through the complicated hurdles insurance companies put up and punitive damages may be available against the drunk driver.
Your question is based on the status of someone under 25 as a minor. Is need more details, but essentially you get the benefits that would apply at the particular age and they change as ages change. There are several factors which need to be discussed and the statute of limitations and evidentiary issues in death cases are extremely fragile. Call a local wrongful death lawyer as soon as possible.
It really doesn't line up like that. Get treated through whatever health insurance and benefits you can. Then any bodily injury insurance and then uninsured motorist insurance will settle for the value of the claim (past medical bills, future medical bills, pain and suffering, lost wages, etc) and then medicare will seek reimbursement for a percentage of the amounts they paid out. It is called subrogation. Better yet, hire an attorney and they will negotiate all of this for you. On large...