Auto suit

State is Texas

My wife was involved in an auto accident and had to have surgery on her shoulder. I had insurance through my work and we used it for all the medical bills. Does the insurance company have the right to come back and sue me or my lawyer for the medical bills. We have since settled with the insurance company of the person that hit my wife.

[I AM ALWAYS LIABLE]

Originally posted by Jeff Coney
State is Texas

My wife was involved in an auto accident and had to have surgery on her shoulder. I had insurance through my work and we used it for all the medical bills. Does the insurance company have the right to come back and sue me or my lawyer for the medical bills. We have since settled with the insurance company of the person that hit my wife.

My response:

I "think" you are asking, "Does my work insurance have a right to be reimbursed from my wife's settlement".

The only way to know that is to ask your employer for a copy of the policy provisions of your work insurance. You should have been given a copy of the policy. Most all insurance companies have a clause concerning a right to reimbusement if there is a "third party settlement".

If there is such a clause in the policy, you and your wife would be "on the hook" to reimburse your insurance company, not your attorney.

IAAL

Thanks LIABLE.

Another question on the insurance. We were receiving letters from the insurance company asking if there was somebody else responsible for the medical bills and our lawyer said to ignore the letters and let him take care of it. We didn't think this was the right thing to do but never being in this type of situation before we went along with it. Now he wants us to set aside the money from the settlement to cover the medical bills and put it in a trust fund with his name and our names on the account. Does this action also make him liable for the medical bills since he knows the settlement is over.

jc

[I AM ALWAYS LIABLE]

Originally posted by Jeff Coney
Thanks LIABLE.

Another question on the insurance. We were receiving letters from the insurance company asking if there was somebody else responsible for the medical bills and our lawyer said to ignore the letters and let him take care of it. We didn't think this was the right thing to do but never being in this type of situation before we went along with it. Now he wants us to set aside the money from the settlement to cover the medical bills and put it in a trust fund with his name and our names on the account. Does this action also make him liable for the medical bills since he knows the settlement is over.

jc

My response:

Yes, as long as he sets aside enough money for the medical bills and puts the money in an account known as the "Client Trust Account" and payments are made from that account.

You are entitled to an accounting sheet that shows your "Gross" settlement amount, and then shows all deductions from that amount - - for example, the Attorney Fees, the costs, and medical payments. The balance after all of these items have been subtracted is the "Net" amount, and that amount goes to your wife.

Good luck to you.

IAAL