How can an insurance company refuse to pay medical expenses when theirinsured was at fault?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can an insurance company refuse to pay medical expenses when theirinsured was at fault?

My grandson was involved in a vehicle accident – driver of other vehicle was at fault – police report filed. His medical expenses were approximately $6000. An attorney for the other insurance company stated that because the passenger in the other vehicle was more seriously hurt there was no money available for my grandson’s expenses. Our insurer paid the medical expenses. Can they legally do this and is there any legal recourse that can be taken?

Asked on January 6, 2011 under Accident Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you were covered by your insurer under your automobile policy and paid for the medical expenses of your grandson then your insurer will sue the insurance company of the at fault driver for reimbursement of the money that was expended on your grandson's behalf.  It is known as "subrogation" and because of it you should be fine.  Am I missing the point here on all of this or did this cover your concerns?  If my response did not really answer your question please write back and let me know.  But as I see it here you should not be worried about it as of yet.  Good luck to you and to your grandson.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption