Legal Question in Personal Injury in Texas

Auto Accident

My girl friend was involved in an accident. She was not at fault. Through her attorney she is about to settle the case; however, yesterday she recieved a letter from a third party, on behalf of her health insurance, asking for information about the accident. She faxed the letter to her attorney this morning and she was told to ignore it for now. The total bill was for $1800.00. Per their contract with the hospital, her health insurance paid $1100.00 to the hospital. How much will her insurance go after their money? Can she ignore the letter per her attorney's instruction? Since there is no liean yet and if she settled the case, will she be responsible to pay back to her insurance? Thanks in advance.

Asked on 6/04/08, 6:57 pm

1 Answer from Attorneys

Roger Merrill Merrill & Associates

Re: Auto Accident

If her health insurance is an ERISA plan, then it has the right to be repaid any monies it has spent for your girlfriend's injuries related to the accident. By law it has a lien. She will be responsible for paying it if it discovers her settlement.

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Answered on 6/04/08, 7:28 pm

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