After my accident, my medical insurance company paid for my bills, I just paid co-pays. Do I include total amount in my claim or just co-pay?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 3, 2016

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Insurance Question from San Clemente, CA

Asked on 03/03/2016

After my accident, my medical insurance company paid for my bills, I just paid co-pays. Do I include total amount in my claim or just co-pay? I was only out of pocket co-pays. Will my medical insurance want to be reimbursed by other guys auto insurance company once claim is settled?

Answer given on March 15, 2016

If you were in an auto accident and sustained injuries the primary insurance for injuries is your medical insurance. Auto insurance is excess over other collectible insurance for such injuries.Since you only paid your co-payments for doctor visits and any other expenses, the auto insurance will only pay those costs. If your medical provider wants to be reimbursed for what they paid, they will need to contact the insurance company for reimbursement. It is most likely that will be declined. In any event you would not owe your medical provider for any reimbursement, since all you were able to collect was the co-payments.You could fill a claim with the auto insurance company for time lost at work and pain and suffering. They may agree to a small settlement with you depending upon the extent of your injuries.

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