Can a car insurer sue you for the medical bills from a car accident?

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Can a car insurer sue you for the medical bills from a car accident?

My boyfriend was in a car accident 2 years ago. Now the insurance company has decided that they want to sue him for the medical bills of their client. He had received certified letters in the mail from the woman that he hit saying if he would just pay for the repairs on the truck then they would have their insurance company pay the medical bills. He sent them another certified letter asking if they were sure and if he could see the medical bills to see if he could help them with them. They told him not to worry about them and to pay a certain amount to get their truck fixed.

Asked on September 30, 2011 under Accident Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you have described is a "subrogation" claim by the insurance carrier for the party that your boyfriend harmed several years in an auto accident. What happened is that the insurance carrier for the other side paid her damages from the accident (including medical bills) and now is seeking reimbursement of such from your boyfriend.

I suspect that your boyfriend had no auto insurance at the time of the accident. If he did, I suggest he advise his insurance carrier at the time about the current situation.

The claim against your boyfriend is allowable. Good luck to him and you.


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