my son was injured in auto accident. what is paid by auto insurance? What happens when health insurance is subrogates?

another person was driven my vehicle. It was a single vehicle accident. Is the drivers insurance responsible for any claims? What are son's options when reaching a settlement?
Additional information
My insurance paid for vehicle that was totaled. Health insurance has paid all claims for medical. Is settlement limited to policy limits?
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Answers (2)

Marc Christopher Lenahan

Marc Christopher Lenahan

Contributor Level 5
You're right to look for a little legal guidance, as the situation your son is facing can be a very tricky one.

If your son's injuries are anything more than short-term, you'll need an attorney. Here are some specific reasons in your case.... You'll want to make sure that all of the involved insurance policies (and there could easily be 3 or more in this situation) are properly lined-up so that none of them gets to walk away without paying your son what he deserves.

If your son is under 18, he'll likely eventually need a "friendly suit" if there is a settlement.

Keeping the money from health insurance subrogation can be a critical and sensitive chore, and one in which it is very common for health insurers to over-state their right to your son's money. But, since each policy is different, each instance requires a lawyer so that your son is taken advantage of.
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Jennifer Nolte Williams

Jennifer Nolte Williams

Contributor Level 4
I agree with Marc's recommendation to seek the advice of a lawyer. In a case like this where there are multiple insurance companies/policies involved, an experienced personal injury lawyer can help you navigate the complexities of your son's settlement(s).

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This response is for informational purposes only and is not, nor is it intended to be legal advice. No attorney-client relationship is created by this answer. An attorney-client relationship may only be created by written agreement of the parties. This information is not a substitute for seeking legal counsel from an attorney with whom you have an atttorney client relationship along with all the privileges that relationship provides.
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