I was in an auto accident and I have medical insurance. My medical insurance covered my medical expenses; however, I wanted to know if the auto insurance is still liable for those expenses? It seems as if my having medical insurance should benefit me and not the liable party’s auto insurance company. If I did not have medical insurance the auto insurance company would still have to pay for those expenses. So shouldn’t they still have to pay for those expenses and I get what ever is left that my medical insurance company did not pay? Are there any laws statures that back this up in Georgia? I am trying to settle this claim without getting an attorney and I need all the help I can get. Any advice would be helpful. I am in the process of writing a demand letter. Thanks for all the help.
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Can the auto insurance company pay me directly for my medical expenses or do they have to pay the doctor?
bostonianinmo 12:47 pm on November 4, 2009 Permalink
Your medical insurance provider will collect from the insurance company of the driver who caused your injuries. This process is called subrogation. It is standard practice throughout the US.
You are not entitled to dual benefit from your injuries. Go ahead and consult an attorney — he or she will almost certainly tell you the same thing.
If you have a pain and suffering claim, that would be paid by the insurance company of the at-fault driver, assuming that there is any room left on his liability coverage. If he had minimum liability that’s probably been exhausted already. An attorney can help with that part of your claim if need be.
Diane A 12:47 pm on November 4, 2009 Permalink
Yes and no. The medical bills should be refunded to you by the other person’s medical insurance if they were found at fault. Have your lawyer (or you) send a demand letter w/ a copy of the medical bills (before insurance took care of the cost). Then you will receive a ck from the auto insurance company to you for your bills.
love you 12:47 pm on November 4, 2009 Permalink
They call that double dipping don’t they? Not nice and all that does is raise insurance costs for everybody. Greed.
michael 12:47 pm on November 4, 2009 Permalink
usually if your medical insurance paid for it the auto insurance will pay your medical company back for what they paid.
trucker12543 12:47 pm on November 4, 2009 Permalink
I can’t state the insurance laws of Georgia but pretty much the rules and regulations with most of the major insurance companies are alike. First of all your a fool for not getting a lawyer if you were involved in a auto accident. The lawyer works for you in getting top notch dollar in sueing the insurance company on your behalf. True you probably could settle without an attorney but the insurance can take advantages of you of all kinds and not even tell you about it. They may make you an offer where as if your greedy, you will sign an affadavit of not taking them to court. Someone who acts as their own lawyer is a fool. They can even sue the opposing party to which you had an accident with. They can get you lost wages as well if your out of work for any length of time. Do not make demands upon any major insurance company as for it wouild be like sticking a knife in your own heart. As far as paying for your medical bills, yes under the no fault act which all drivers must carry, they are responsible to pay the hospital and the doctor directly for your medical bills. Don’t be greedy and stay cool and get an attorney as for he is there looking out for your well being and your best interests.