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  1. #1
    Join Date
    Jul 2005
    Posts
    2

    Default Car Accident - who is primary insurance?

    My dad has been in a car accident. It was not his fault.

    1- He was submitted into the hospital via ambulance at the time of the accident and has been following up with Doctors due to neck and back pain as requested/referred to by the doctors.

    We used his medical insurance card anywhere he went.
    We called the other driver's car insurance and reported everything that has happened right after the accident and they informed me to send any receipts due to medical expenses.

    My question is:
    1- Is my dad's medical insurance the primary insurance or my dad's car insurance the primary insurance responsible for the medical bills, and anything we pay out of pocket the responsibility of the other driver's car insurance. Or should everything be sent straight to the other driver's car insurance?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Car Accident

    You don't disclose your state - in some states, under "no fault" laws, a driver's own insurance pays the medical costs (instead of the at-fault driver's insurance), no matter who was at fault for the accident.

    Beyond that, typically the regular health insurance pays first, and the auto insurance pays second. That can be affected by the laws of your state, and also by the terms of your insurance contracts.

  3. #3
    Join Date
    Jul 2005
    Posts
    2

    Default Car accident

    We live in georgia.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Georgia Auto Accident

    Georgia's a fault state, so your father can bring an action against the other driver for his damages. That should include any out-of-pocket expenses for medical care. If the other driver's insurance is paying any such expenses voluntarily, be careful about any documents they ask your father to sign, as they may be presenting a broad release from liability.

    Your father should consider having his case reviewed by a local personal injury lawyer who emphasizes auto accident cases.

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