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Car accident question

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I was in a auto accident and had about 7200 in medical bills. It was 100 perent the other persons fault. I live in il. We r trying to settle and my health insurance was billed. Going threw the bills it looks like they payed 2060 total on all office visits. They r goong to file a lein. There is also a 1000 dollar lein for med pay. So do u take 7200-2060-1000. Will the remindar of the money come to me that is left over. Does the health insurance only get what they paid back?

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English please.

It should all be in the Explanation of Benefits.

You need to recover anything that's labeled as patient responsibility, customer responsibility, or anything similar like that. That's what you paid out-of-pocket and part of your damages. You also need to recover the lien amount. Read the EOB to make sure they will consider it paid in full, not settled, if you pay the lien amount out of your settlement. Anything that's labeled "provider responsibility" just means the doctors had an agreement with your insurance company to accept less than an imaginary retail price and that does not need to be recovered.

Why doesn't your own insurances medical payments benefit cover it?

I'm not a lawyer, but I've done some research into this due to my own experiences. My understanding is that the liable party should be responsible for the actual billed amount of your medical bills as if you didn't have insurance (collateral source rule). Generally, the amounts paid out by your health/med pay insurance will be taken out of the settlement and you'll get what's left over (but you should see your own policies). I'd strongly suggest you do some research on this before settling anything or find a lawyer who can handle it for you.

It depends on the statutory and case law in the state you are in.

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