Reimbursment for medical bills

I was at a restaurant and had found a bloody band-aid in my food. The restaurant accepted responsibility and I had to have bloodwork done over several months. The restaurants insurance company is offering me a settlement, however they said they are only responsible for my portion of the medical bills, not the entire amount which my medical insurance partially covered. Shouldn’t they cover the entire medical bill regardless if I had my own medical insurance or not?

Asked on May 5, 2017 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The restaurant's insurance company is liable for the entire amount of your medical bills.
Your settlement with the restaurant's insurance company should include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills and compensation for wage loss.
Compensation for the medical bills is straight reimbursement.
Compensation for pain and suffering is based on the medical reports which document your injury and medical treatment.
Compensation for wage loss is straight reimbursement. Your settlement should be sufficient to compensate you and to reimburse your health insurance if your health insurance company requires reimbursement which usually is required.
If the case is settled with the restaurant's insurance company, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance company, reject them and file a lawsuit for negligence against the restaurant.
If the case is NOT settled, your lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 
CA has a two year statute of limitations in personal injury cases which means that the lawsuit must be filed prior to the two year anniversary of the date of the injury.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.