Auto Insurance Claims: Medical Insurance Payment, medical insurance company, insurance adjustor


Question
I have read many articles regarding payment after an auto accident for injuries, and the one thing that I am still not clear on is whether or not the medical insurance company is looking for payment as well. I was in a multi car collision caused by a drunk driver. Here in Texas, because he was drunk, his insurance is having to pay for all medical and repair bills (up to their policies limit). Due to their being four cars in the accident, I know they are going to try and give as little as possible to each of us. I have sent all copies of the bills and receipts to the insurance adjustor, and am awaiting his response on them. I am worried though about accepting an offer that does not include payment to my medical insurance company, which paid around half of all the bills. Are they going to be coming to me to look for payment on those items once I've settled with the automobile insurance company? Should I be certain to receive a high enough settlement that I can pay the insurance company?

Answer
Your medical provider surely has a right of recovery against the at fault person and any insurance available, but don't get too worried yet. . . .

Please look up "Made Whole Doctrine".  Basically, this legal doctrine states that until you have been paid for all of your damages and "made whole", then no right of recovery exists for any subrogating insurer.  It's not as simple as you may think to invoke this, and depending on how quickly the health insurer gets the auto insurer on notice, you may not have to worry about that at all.  The only way to answer this properly is to review your health insurance policy and terms.  

Now, as for the limit of insurance issue. . . . you could look us Texas Farmers vs Soriano a case that speaks to how insurance companies can handle cases like this on a first come first serve basis.  It doesn't force them too, but it proves they can't get in trouble for settling claims as they come in without regard for which is the worst.

I hope this helps, you have a good question, but it is just way more complicated than what you may think.  If you can't find what you need, look me up and I'll attempt to assist you with gathering the relevant information you need to have in order to protect yourself.

JP