Expert: Anne - 3/6/2008

Question
Driver A is hit by Drvier B and goes to the ER for treatment, filing on his own health insurance. In handling his own claim settlement does Driver A ask for reimbursement of all medical expenses or just his out-of-pocket expenses? thanks!

Answer
Hi Margie,

you would have to ask for all damages. If you health insurance paid, they would have to be reimbursed by the person that cause the damage (or their insurance company). Some states allow you to have a double recover, meaning that you can get the medical bills and not have turn those funds to the health insurance (Montana and Arizona and others). However, the general rule is that you do have to return the funds.

What usually happens is that the health insurance will put a lien against your settlement, so the insurance company will send payment to them first, and then you would get anything above and beyond those bills. This is why you should include those expenses in your demand. This way you know what you are actually getting at the end of the day.

Visit: http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html for more information how to document your claims.

Good Luck.
Anne

http://www.SpokaneLegalHelp.com