I'm assuming you mean you have medical payment insurance along with your required accident insurance. In that case, the other driver's insurance company should negotiate with your insurance company regarding reimbursement to your insurance company. If your company asks you for a shortfall, you may need to get an attorney to negotiate with them for you.
Generally, they would have a subrogation interest. That means that when the other party settles the case with you, your insurance will seek repayment. You may want to talk to an attorney to discuss your options.
Yes. The negligent party and his/her insurance carrier get no offset for the medpay you received. Your medpay carrier has a right of reimbursement from any amout you recover from the negligent party and his /her carriier for any amout amount of medpay you received over $5,000.00.
Your claim is probably governed by one or more limitations periods. This means that you must take certain actions within a certain period of time to preserve all of your rights. A limitations period can be very short. I encourage you to speak with a lawyer who handles medical negligence cases in your area as soon as possible. I would be happy to help you find someone.
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
I am very sorry to hear about your accident. Generally, when you use your med pay from your own auto insurance to cover medical payments for injuries sustained in an accident, the at fault driver's insurance does not reimburse you for those payments. However, since you were injured in the accident and incurred medical bills, I hope you have established a personal injury claim with the at fault driver's insurance company. This would be the avenue in which you seek reimbursement for your medical bills, lost wages from work and any pain and suffering you may have endured as a result of the accident. I would suggest you contact a personal injury attorney and seek a consultation. You want to make sure your claim has been established and that things are being handled for you appropriately.
Yes absolutely, Your medical payment coverage is a contractually agreement with your insurance company. When you file a claim against the at fault party, they do not get credit typically for any collateral source payment such as med pay, health insurance, tri care etc.
Medical payments coverage is a coverage that is extra under your insurance policy. You usually see medical payments coverages in the amount of 1,000.00; 5,000.00; of 10,000.00 but this is an extra coverage you paid for. Medical payments coverage pays your medical bills without question of liability. Because you had medical payments coverage the other driver or their insurance company does not get to say anything about it; it is a collateral source. In any event, you should sit down with an attorney or call one in your area. Almost all injury attorneys will give a free consult and only get paid if you recover. Good luck.
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
The at fault party is liable for all damages that arise from the accident, including damage to your vehicle, medical bills incurred, loss wages and compensation for your pain and suffering. There is no "reimbursement" as you phrase it for the med payment use to pay medical costs. However, the responsible party cannot reduce the amount he/she/it owes you for the medical bills you incurred. However, if the responsible party does not have insurance and you utilize your uninsured motorist coverage, assuming you have that, then your insurance could offset what it paid you through your medical expense payment.
The above statement does not create an attorney-client relationship and the submitting party should not consider the responding their attorney.
You are definitly going to need to talk to an attorney in your state. This is an area of the law that can vary greatly from state to state. In Georgia for instance, medpay is considered a collateral source, meaning it does not have anything to do with the settlement from the liability company. Medpay from your company is seperate from the settlement - it just means that your bills are paid, and the money you would normally send to the doctor would go in your pocket. Medpay subrogation is also an issue to discuss with your state attorney.
Sign up to receive a 3-part series of useful information and advice about personal injury law.