My car was totaled by a distracted driver. It broke my driver’s seat. I am ok, but am ready to settle all my xrays, etc with the insurance company.

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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 22, 2012

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Insurance Question from Four Seasons, MO

Asked on 03/22/2012

My car was totaled by a distracted driver. It broke my driver’s seat. I am ok, but am ready to settle all my xrays, etc with the insurance company. I paid all of the xrays and exams with my work insurance. Do I need to collect the full amount of the bill from their insurance company? Should I get his cell phone records? He hit me at 70 miles per hour and I was sitting in traffic.

Answer given on March 25, 2012

Your health insurance carrier may want to be reimbursed for what they paid out if you are able to recover all expenses for your injuries due to the accident. You need to discuss this with your health insurance carrier so you know where the funds will go when the claim is settled by the other insurance company. The other insurance company will obviously pay for your out of pocket expenses along with reimbursement for any medical payments that you are held to be responsible for. They will most likely offer an additional amount for your pain and inconvenience, though this is not a certain deal.Any settlement of the claim will be handled by the insurance company for the other driver, unless you are going through your insurance company and letting them subrogate to the other insurance company. In either event, you have no reason to obtain the cell phone records for the other party and most likely would be unable to obtain them on your own.

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