Legal Question in Insurance Law in Texas

A while ago I was in a car crash. Due to two witnesses I was issued the ticket. My passenger was taken to a hospital just for precautionary measures. There were no injuries though many tests were done. A couple months later my passenger's insurance issued a letter stating that because the hospital visit was due to a car crash they are not responsible for any hospital bills and will be reimbursed either by the auto insurance of the responsible party who was issued the ticket (which would be me) or out of pocket by the passenger. Now, the ticket has been dropped due to a defensive drivers class I took. So technically there is no responsible party anymore. Am I correct? Does the insurance still have a right to be reimbursed? I feel that this should not be. All the co-payments were paid and the insurance gets paid monthly. Do they really need to be reimbursed? What can be done about this?


Asked on 4/25/10, 11:29 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

No, just because there was no ticket doesn't mean there's no fault. However, the health insurance company usually doesn't have the right to deny payment, only the right to seek subrogation against the at-fault party for benefits paid. Your friend should dispute the non-coverage with his health insurer.

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Answered on 5/01/10, 7:50 am


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