Legal Question in Insurance Law in Oklahoma

Auto Accident Insurance Reimbursement

My husband was in an injury accident about a week ago. The insurance company of the person that hit him states to forward the medical bills to them and when his medical issues are resolved, they will pay the bills. The Emergency Room Hospital and the medical doctor, will not accept 3rd party billing. So, for now we are filing with our medical insurance. When/if we are reimbursed from the other insurance, do we have them pay our insurance company directly, or do we pay our insurance company out of our settlement?


Asked on 5/25/06, 9:11 am

1 Answer from Attorneys
Blair Brininger Blair Brininger

Re: Auto Accident Insurance Reimbursement

You have touched on a very hot issue in the law-the subrogation rights of an ERISA plan. Your medical insurance, if you got it from your employer, is an ERISA plan. There are questions about whether you have to repay the medical bills the plan pays. I suggest you contact a personal injury lawyer in Oklahoma to discuss your claim. He/she should look at the US Supreme Court cases of Sereboff and Great West.

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Answered on 5/25/06, 12:41 pm


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