How can an insurance company refuse to pay medical expenses when theirinsured was at fault?

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How can an insurance company refuse to pay medical expenses when theirinsured was at fault?

My grandson was involved in a vehicle accident – driver of other vehicle was at fault – police report filed. His medical expenses were approximately $6000. An attorney for the other insurance company stated that because the passenger in the other vehicle was more seriously hurt there was no money available for my grandson’s expenses. Our insurer paid the medical expenses. Can they legally do this and is there any legal recourse that can be taken?

Asked on January 6, 2011 under Accident Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were covered by your insurer under your automobile policy and paid for the medical expenses of your grandson then your insurer will sue the insurance company of the at fault driver for reimbursement of the money that was expended on your grandson's behalf.  It is known as "subrogation" and because of it you should be fine.  Am I missing the point here on all of this or did this cover your concerns?  If my response did not really answer your question please write back and let me know.  But as I see it here you should not be worried about it as of yet.  Good luck to you and to your grandson.


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