QUESTION
In my settlement, should I seek out of pocket expenses only for the co pays since my insurance company paid for all of my expenses?
Asked on Oct 13th, 2013 on Personal Injury - Georgia
More details to this question:
I was in a rear end collision in August 2013 while sitting at a light. I have medical coverage through my employer and my co-pays are very small for my office visits, including physical therapy. I have been reading about subrogation. Should I seek the full amount of the medical expenses noted on my explanation of benefits just in case my insurance company subrogates my settlement? I went to school for paralegal studies and we were NEVER taught this. Any advice would be greatly appreciated. I am seeking reimbursement under the at fault drivers insurance, so far they have paid my property damage claim in the amount of $1700. I had three doctor visits for my neck injury and three physical therapy visits. Thank you.
2 ANSWERS
Subrogation claims are tricky. You must be made whole for your injuries. I would contact a lawyer in your particular area to get a more thorough evaluation of any potential case you have.
Answered on Oct 18th, 2013 at 11:53 AM
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In Georgia, you are entitled to full recovery of your medical expenses from the at-fault driver (through their insurer). This principal applies no matter how much has been previously paid by other sources. So, seek the full medical charges. But expect resistance, as the at fault insurer may not acknowledge this law, & try to pay someone who has no legal representation only their out-of-pocket expenses (co-pays). Remember, the insurance companies do not feel they have to live by the letter of the law, when someone who makes a claim has no legal representation or training.... The insurer is very aware that there is no one around to enforce the Claimant's legal rights. If you have further questions, feel free to call for a phone consultation at no charge.
Answered on Oct 15th, 2013 at 9:17 AM