Ask a Lawyer - Archive

I was in an auto accident, the at fault driver's insurance company is trying to take a credit for the medical expenses that my health insurance paid. Can they do this?

Many states have something called the "collateral source rule," which basically means that a wrongdoer should not benefit from the fact that you have insurance, or that a doctor may give an insurer a discount rate in exchange for being listed as a preferred provider. If your state recognizes such a legal doctrine, the insurance company should not be able to claim an off set for the medical damages your health insurance company has paid.

Justin Demerath
O'Hanlon, McCollom & Demerath
Austin Truck Accident Attorney