Reimbursment for medical bills
UPDATED: Sep 30, 2022
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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
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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