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Ask an Attorney a Question for FREE!

Does the defendant's insurance company get our medical discount?

by Cindy
(Houston, Texas, USA)

My husband was hit from behind in an auto accident and suffered back pain soon after. We went to the ER and a few days later we went to a spine doctor because my husband's back was really hurting.

After a MRI and another visit to the doctor it was determined that my husband needed a cortizone injection. This was done in the hospital. Our medical insurance paid for everything and was given a discount for all services.

Does the other insurance company get the discount also or are they required to pay full price? The adjuster told us she would only pay what our insurance paid, nothing more.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

Comments for
Does the defendant's insurance company get our medical discount?

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Collateral Source
by: Law Lady

This is called the Collateral Source rule and the general answer is "NO", the defendant does not get the benefit of your insurance company deduction.

You are entitled to a settlement that is based upon the full value of medical services received, not the value of services reduced by a collateral source (i.e. your insurance company).

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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