REtain a good lawyer, perhaps a member of the American Trial Lawyers Association. Your atty can tell you if there is a right to subrogation or not by the health ins. carrier.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
If I understand your question correctly, you have health insurance which paid your medical bills and you want to know if you can pocket the money from the medpay (medical payments) available from your auto insurance policy. You are probably not allowed to pocket the money. You may be able to use the medpay as reimbursement for out-of-pocket expenses not covered by your health insurer (co-pays, health insurance deductibles, prescriptions, etc.).
Generally, medpay is primary coverage (used first) during a motor vehicle collision. Your health insurance kicks in when the medpay is exhausted. You should contact an attorney to assist you with your claim. An attorney can ensure that you are using your health insurance and medpay in the best way possible to maximize your recovery.
You are allowed to collect both from medical payments coverage and from automobile liability insurance coverage. The medical payments carrier can seek reimbursement from your settlement with the liability insurance carrier, but can only recover reimbursement if you have been fully compensated for all of your economic and non-economic losses (ie: pain and suffering). However, the automobile liability insurance carrier may not discount your settlement based upon the fact you have medical payments coverage. The reason is that the at-fault driver and his insurance carrier may not take advantage of insurance for which you paid the premiums. I do not agree with the idea that you are "double dipping." To the contrary, the responsible insurance company is paying what the at-fault driver owes, you are collecting on medical payments insurance for which you paid the premiums and, in the unlikely event you are fully compensated for all your damages, the medical payments' carrier's payment is reduced. In the end, the victim is seldom fully compensated due to legal fees, expenses and the fact the liability insurance carrier has discounted its payment based upon risk and the time value of money. I would retain a good attorney to assist you with your accident claim. Insurance carriers seldom if ever respect the the law in this area and seek to reduce their payments based upon the presence of other insurance.
Medical payments coverage is supposed to be exhausted first before your health insurance begins to pay for treatment. In some instances where the existence of medpay is unknown, medical providers will bill the patient's health insurance company. In that case, you can submit bills of open accounts or receipts for co-pays to your medpay carrier for reimbursement. An experienced attorney can help guide you through the appropriate use of these funds.
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