Auto Insurance Claims/med pay


I was wondering when you have an accident that 1 party is in falut and the other has injurys but you both have same ins.carrier y that the person that got hurt and retained a attourney has to pay back the med pay???i see it as the med pay should come from the person at fault and ins. carier policy!! thxs


The way it works, like it or not, the med payments are part of the settlement.
I learned this the hard way when I was rear ended ad settlement was reached. The lawyers fees came out from the top and then I was responsible for about $40k of my medicals and I was never told of this up front either. My ex was injured through a work comp claim, she had to pay the 20% off the top for the lawyer, then low and behold, $10k in med payments were required without any notice. Now, these fees can be negotiated and that is common, but the medicals are never the responsibility of the person that caused the accident.

I find it interesting locally in the commercials I see where the lawyer advertises he got $200K, $300K for his client. I question, really, how much did the client get after the gross settlement?

Because of my injuries, I lost millions and eventually had to close my successful business because I could no longer physically work on cars. My expert I found was going to prison for tax evasion and my case fell totally apart. The gross was $90k in settlement. Attorney got one third, the medicals were $40k, which I negotiated down to $20k, leaving me with a whopping $40k for something that totally altered my life forever.
The SOB that hit me at expressway speed while I was stopped for a light with his school bus was a convicted felon! What is wrong with that story?
He graduated from driving a school bus to driving a quad axle dump truck.
Insurance companies always get their money and they are powerful enough to get all that legislated into the statutes and no matter how wrong we think this is and that we should not have to pay the medical payments, it simply does not matter because they always have their hands out.

Bottom line, if it is determined you are responsible for the med payments, the handwriting is always on the wall and you are responsible for the med payments.

Auto Insurance Claims

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Rob Painter, Ase, CFEI, CAFATE


Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.


Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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