Auto Insurance Claims: Auto medical ins verses health care ins, trucking company, correct explanation


Question
My wife, two daughters and neighbors kid was hit by an 18 wheeler after he ran a red light. No immediate bodily injury. Truck took off front of vehicle. My insurance company is taking care of all property damage and rental and seek reimbursement from trucking company insurance.

Family is going to Doctor tomorrow. MY INS company has suggested I use my policy medical to cover the Medical expenses. My lawyer has advised against that and to use my personal health coverage (BCBS). Can you tell me why he is advising this. I have not committed to him for representation as of yet. He is a good lawyer, good rep, father was FED Agent in my Agency. Just curious as to why he wants me to use my health coverage rather than my auto policy coverage. This occured in Virginia.

Answer
Hi Chuck,

First of all I am not an attorney. It is difficult for me to know every legal situation in every state. However, it may have something to do with what is referred to as "offset". That means that when you present your final claim for settlement, if there is an offset then you can not include the medicl bills paid under your auto insurance towards the total settlement. However, if it is paid by your medical insurance you can. However, to be sure this is a correct explanation, you shoud verify this with the attorney.

I hope this helps
Richard Hixenbaugh