It is advisable to setup the claim with the insurer for the complex and/or other responsible entities.
You will not want to fully “submit” the claim until the extent of your injuries and damages are known.
This is a multi-part answer:
1. If a driver of another car causes an accident, and f you make a claim for medical payments under your policy, so long as the amount you receive does not exceed $5000, there is no credit, offset or repayment obligation;
2. If the driver of a vehicle you are in is at fault, and it is the same insurer and same policy of insurance that provides for medical payments and a later settlement, they can offset the final settlement by the amount of med pay provided;...
Yes, you can ALWAYS ask for more money, and if you don’t feel their best offer is fair, you can 1) file a lawsuit and 2) ultimately get your dispute to an independent decision-maker who will hear both sides and decide what is fair.
The information contained in this question is entirely true, it is difficult for me to understand how YOU can have any responsibility for what occurred.
While it is true your insurance company will not cover a non-permissive driver, that does not render you responsible for this accident.
I suggest you consult with an experienced attorney as soon as possible to learn more.
You have the right to make a claim with your own insurance company for the med pay, and you can still submit all of your bills to the insurance company for the responsible driver to pat AGAIN.
The other driver/insurance company get no credit or reduction for your own insurance company having paid your bills