Auto Insurance Claims: med pay, auto theft claim denied on purported forensics for key of the proper type

Question
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

Answer
Hello,

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.

http://www.autotheftexpert.com