In the state of georgia, are auto accident medical bills paid by health insurance recoverable in personal injury claim?

Yes, the at fault driver is responsible for all reasonable medical expenses necessitated by the accident. The at fault driver does not benefit from any insurance you may have that pay your bills.

The next issue you may face is whether your health insurance company can require you to pay them back if you collect from that other party. Georgia law is fairly complicated in this area and you should consult with an attorney before repaying your health insurance company.

Steven I. Goldman
GOLDMAN & ASSOCIATES
The Equitable Bldg. - Suite 2020
100 Peachtree Street, N.W.
Atlanta, GA 30303
(404) 577-9555
(404) 577-9556 (fax)
Steve@GoldmanLawAtlanta.com
www.GoldmanLawAtlanta.com

Yes, but you need to stay on them weekly to make sure that they bill the hospital. If you have medical payments coverage on your policy it does need to be exhausted first before you can force the hospital to bill your health insurance.

Here is the body of a letter I would send to the hospital to make sure they bill your health insurance. Send it certified and regular mail and keep a copy. The Follow up with the health insurer and the hospital regularly.

Hospital
Attention: Patient Accounts
123 Spring Avenue
Anytown, GA 30111

Re: Patient: Jane Doe
Date of Loss: June 6, 2009
Date of Birth: 06/01/1984
S.S.N.: 123-45-6789

Dear Patient Accounts:

Your facility treated me under account #000000000. As you know, I presented my health insurance card at the time of care and I am attaching another copy for your convenience. I am insured with American Health Insurance under policy number 123456789 and group 987654321. I am also attaching a copy of my automobile declarations page and the police report so that you can know for a certainty that I did not have medical payments insurance and my health insurance is the primary payor.

In Georgia, if there is no med pay, then my health insurance is primary. If you fail to submit the bill to the health insurer within the contract period of time, you will have breached the contract.

If you should need any other information to properly process this claim please let me know.

Sincerely,

Yes, they are recoverable. Most states recognize what is called the "Collateral Source Rule". That rule prohibits the defendant from benefiting from your foresight in purchasing health insurance. While the defendant may not benefit from your foresight, expect your health insurance company to have a subrogation lien, meaning that at the end of your case, you will need to reimburse them for payments they have made due to the auto collision injuries. I suggest you consult with a Georgia attorney to determine what you may need to reimburse the health insurance company under their subrogation lien.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

Yes.

Depending on the carrier they may have a right to subrogate or be repaid. Another impoortant question is are they an ERISA claim under federal law.

Your attorney can negotiate that for you.

You need an attorney. You may want to contact the local bar for a reference.

As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing:

1) what your injury is;
2) exactly how the injury it occurred;
3) the amount of your medical bills;
4) the future treatment and prognosis of your injury;
5) your lost income or wages;
6) cost of services you couldn't perform (i.e. yard work, house cleaning...)
7) any other damages (Spousal services, mileage expenses, property damages, etc.)

Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
Medical Malpractice claims can be longer or shorter.

You should act now!

Do not give the "other side", their insurance company nor their lawyer a recorded statement or a medical authorization.

Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

Good luck.

Make it a great day!
Howard Spiva
www.spivalaw.com