"Why should I use MY insurance or have to pay MY insurance back? It wasn't MY fault!"

Feb. 10, 2020

"Why should I use MY insurance or have to pay MY insurance back? It wasn't MY fault!"

"Why should I use MY insurance or have to pay MY insurance back? It wasn't MY fault!" It's important to remember that once you've been injured in an accident, you probably have your own insurance options for helping get your life back together. You paid good money ("premiums") to have your own insurance (auto insurance AND health insurance), so let's talk about how each works when it comes to personal injury, and why using your insurance can be a smart option. The idea of "fault" can be a tough one to grapple with - when you've been hit in an auto accident, it's natural to feel like using your own insurance (auto or health) wouldn't make sense because you didn't cause the accident! But that's not really how it works, and you may well be spending more money out of an eventual recovery from the other person's at-fault insurance if you DON'T use your own insurance, where possible, along the way. The thing to remember is that your own auto or health insurance doesn't get mad when you use them for an accident that someone else caused! They do normally want paid back for whatever they pay on your behalf ("SUBROGATION"). And that's not a bad thing - it's just something to use wisely and keep track of along the way. First, you can access your own auto insurance "MED-PAY" to cover medical bills (if you chose to have that coverage on your policy) and in Nevada there is NO "subrogation" on med-pay payments (i.e., you don't have to pay your auto insurance back). However, if you choose to have your auto insurance pay to have your vehicle repaired, they typically will ask you to pay your deductible, then "SUBROGATE" against the at-fault driver's insurance and get your deductible back for you! The advantage of using your insurance company for vehicle repair is that usually the repairs will happen faster (they have a duty of good faith and fair dealing to you, by law) and usually give you a more thorough repair estimate, which better illustrates the impact forces you suffered and which caused the actual injuries you'll be claiming. Second, using health insurance can be very useful for paying specialists like MRI clinics, pain management, neurologists, or orthopedic MD's. (Treating physicians such as physical therapists, chiropractors, or massage therapists typically don't take your health insurance for auto accidents, etc.). Your health insurance WILL typically pay for big medical bills (which is really helpful) - ER hospital bill and ambulance bills - but will usually subrogate for the amount they paid (which is usually only a fraction of what the actual cost was!), and which you pay back out of your settlement at the end of the claims process. Why use your own insurance? You don't have to, but if you paid premiums to have your own coverage to help when someone else causes an accident, the question is why wouldn't you use it? Using your own insurance can help solve problems at the beginning of the claims process, and get more money in your pocket at the end of the process! Call us today if you have any questions or would like to schedule your free consultation. Weber Law Firm (702) 538-5761 WWW.Weber-LawFirm.com