Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?
I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still bedridden and require more surgeries. I had full coverage car insurance for a paid off car, with uninsured motorist coverage as well. We just received a letter saying we owe medical insurance over $55,000 from a settlement from the accident. How could there have been a settlement if there wasn't another party to sue? I am out of work due to the accident and am projected not to be able to return until summer of next year. The money received from auto insurance doesn't come remotely near being able to cover what they are requesting I pay back. If I'm required to pay them back, where is my pain and suffering relief from an accident someone else caused? Why are they requesting I pay them back?
A: A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against proceeds of injury actions - and it can create injustice, as in cases like yours. If you had an attorney on the case, ask for their guidance on this - with some medical liens, there can be options for reduction (such as with public health agency ones). If you handled your case without an attorney, consider reaching out to Texas attorneys. An experienced personal injury attorney should have insight into cleaning up these elements of an injury claim so that no loose ends remain at the conclusion of the matter. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
