Q:I was involved in a car accident while having health insurance coverage. My health insurance plan has paid for my medical expenses; but I wish to know whether my car insurance still has the liability for these costs? It turns out that having a health insurance plan has benefited not me but the auto insurance company. In case I didn’t have health insurance, my car insurance policy should cover these expenses, right? The question is whether they still have to pay me on top of the expenses covered by my health insurance plan? Is there a law to support this in Georgia? At the moment, I’m trying to do this without an attorney and I need all the relevant information for the case. I’ve started writing a letter of demand, so any help is welcome.
A: Your health insurance company will take the money from the auto insurance company of the driver who was involved in the accident too and has caused your injuries. This is known as subrogation. It is a standard procedure within the insurance domain of the US.

However, the legislation of the US clearly states that you are unable to get a dual benefit in case of an accident. You can consult with an attorney and you will be told practically the same thing.

In case you have a pain and suffering claim, it will be covered by the at-fault driver’s insurance company, having that there are any funds left from his liability coverage. If there was a minimum liability, it was probably exhausted already. You can ask for an attorney’s help with that part.