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If my car and health insurance paid my medical bills from an accidant and it's wasn't my fault who/what gets paid?

Tempe, AZ |

I was in an accidant and the other driver admits fault. So far my medical bills have been paid by my health and car insurance. Now I am trying to settle. If there is no lean and AZ does not require I reimburse my insurance co. who should the faults insurance company pay? Do they pay the total amount of the bill or only the reduced insurance rate? Should my settlement be higher then the amount of lost wages and total madical bills?

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Attorney answers 3


You should contact a AZ personal injury attorney. You need an attorney to confirm there is no lien asserted by both your auto insurance and your health insurance before you accept any settlement.


As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Arizona state law. However, I would suggest you may wish to review some of the Legal Guides which I have published on which detail the various elements of damages to which you may be entitled. You are entitled to much more than just your lost wages and medical bills.

Trying to handle this case on your own may be like trying to do your own brain surgery, not recommended.

I would suggest that you contact a personal injury attorney in your area who can accurately answer your question about the lien law in Arizona. The attorney may also be in a position to undertake your representation and help you secure all of the compensation to which you are entitled. Remember, the adverse insurance carrier is not your friend, nor your good neighbor. The sole goal of an insurance company is to pay you nothing or as little as possible on any claim.


Why do these non-Arizona lawyers keep answering questions they are not qualified to answer?

I am licensed in Arizona.

If there are no recorded liens on file at the County recorder's office the insurance company should pay the full amount of your medical bills to you directly. It is not entitled to reduce payments because you had insurance. Your payment for or car insurance benefits you, not the person who injured you or their are insurance company.

You should receive compensation for all their medical bills, he lost wages, other miscellaneous out-of-pocket expenses, plus a reasonable amount for general damages (pain and suffering).

Gil Shuga
Law Office of Gil Shuga
Mesa, AZ

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