Expert: Bennie719 - 4/20/2008

Question
I was broadsided on the drivers side in Feb and my car was totaled. Police saw the accident happen and the other driver admitted to running the red light in the police report. I don't want to get an attorney and I am still treating for injuries. I recently got a letter from my health insurance and they want to know if my treatment relates to the accident so they can seek reimbursement. Can I just ignore them or am I required to respond? The other party probably has minimal coverage and I am not expecting much in terms of a settlement, which is why I don't want to hire an attorney and why I don't think I should have to give my health insurance a cut of whatever is settled.

Answer
Hi Pat,
If you carry medical payment coverage or PIP under your own auto insurance policy, you should be having your own insurance company pay your medical bills.  Very few auto policies have a reimbursement clause.

As long as you are having your health insurance policy pay your medical bills from the accident and they have a clause in the policy that allows them reimbursement when you collect from a 3rd party, you have no legal choice about the matter.  You must notify your health insurance company so they can file a lien against your future settlement from the at fault drivers insurance company.  Otherwise, they will later sue you for the amount of the medical bills and you will also be responsible for their attorney fees and all court costs.

Please write me a PRIVATE follow up question after you have recovered and before you make a demand for settlement and I should be able to offer you some opinions and observations that will help you receive the maximum settlement for your injuries.

I hope that you find this information to be of help.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area