If I was hit from behind in a car accident and was injured, how does the insurance reimbursement work?

The insurance accepted full responsibility. I went to physical therapy and doctor’s appointments using my own personal health insurance. The auto insurer states that they are only going to compensate me for the co-pay out of pocket expenses that I had to pay for not the actual amount billed to my insurance. Is this how it works?

Asked on June 20, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are only entitled to compensation for your out-of-pocket or unreimbursed expenses, since only to that extent (to the extent that *you* had to pay) have you been damaged. Typically, that means that if your insurance paid the bulk of medical expenses, the at-fault driver's insurance will only reimburse you for the co-pay or deductible; if they paid you what the insurer has already paid to the medical care providers, you'd actually come out ahead economically (since you'd get to the pocket the excess, because your health insurer has already paid)--but that's not how the law works. You are to made whole, not turn a profit.

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