Azle, TX asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas

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?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

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

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