Community Chat

[Bird mama]

Some medical insurance policies exclude coverage for automobile/motor vehicle accidents.  The woman's car insurance should be responsible.

[dex]

@Ditzydori@I hope your sons insurance company goes after her personal insurance co for the costs.

[this is my nic]

I believe the driver's insurance should pay.  It may take getting an atty. Sorry this happened and wish your granddaughter well. 

[Carmie]

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@Bird mama wrote:

Some medical insurance policies exclude coverage for automobile/motor vehicle accidents.  The woman's car insurance should be responsible.

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All health insurance excluded auto accidents unless they get a letter saying the auto insurance has been exhausted or the claims denied.  

It's the same with Workman's Comp insurance.  It's the law.  All insurance must follow subrogation laws.

For those,people saying an attorney is needed...that's crazy.

Why would anyone pay for an attorney for medical expenses that have not been denied or refused to be paid?

Most  likely, the correct insurance will pay the claims 100%.

[Ms tyrion2]

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@Carmie wrote:

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@Bird mama wrote:

Some medical insurance policies exclude coverage for automobile/motor vehicle accidents.  The woman's car insurance should be responsible.

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All health insurance excluded auto accidents unless they get a letter saying the auto insurance has been exhausted or the claims denied.  

It's the same with Workman's Comp insurance.  It's the law.  All insurance must follow subrogation laws.

For those,people saying an attorney is needed...that's crazy.

Why would anyone pay for an attorney for medical expenses that have not been denied or refused to be paid?

Most  likely, the correct insurance will pay the claims 100%.

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@Carmie,

Primacy of coverage is determined on a state to state  basis. In my state, work comp is primary even in an auto accident.  Subrogation of medical payments coverage is also determined on a state to state basis. Some allow it. Some don't and some have restrictions.

[Carmie]

@Ms tyrion2  Wouldn't WC only be primary if you are working?  

I have never heard of WC covering a claim for an auto accident when the driver was not driving during work hours doing a job. WC is the worst insurance ever, no matter which state you are in.  They deny almost everything at least once.

Anyway, most auto accidents are paid for my some insurance....either auto or personal health insurance.

There would be no need to hire an attorney, unless the claims were not being paid by someone. Why would anyone pay $150 an hour or more for an attorney when the claims could be paid 100% without one?

Everyone is not that well off financially.

[Ms tyrion2]

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@Carmie wrote:

@Ms tyrion2  Wouldn't WC only be primary if you are working?  

I have never heard of WC covering a claim for an auto accident when the driver was not driving during work hours doing a job. WC is the worst insurance ever, no matter which state you are in.  They deny almost everything at least once.

Anyway, most auto accidents are paid for my some insurance....either auto or personal health insurance.

There would be no need to hire an attorney, unless the claims were not being paid by someone. Why would anyone pay $150 an hour or more for an attorney when the claims could be paid 100% without one?

Everyone is not that well off financially.

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@Carmie,

Yes, of course work comp would be primary  only if the accident was determined to be a work related incident.  

I agree regarding hiring an attorney. If the facts are clear and the injuries are minor, no need for it.