laupall

Hi wondering if anyone can help who works in insurance/healthcare in PA/NY

I was a passenger in a car accident back in England when i went to visit a while back. It was the other guys fault and he actually hit another car trying to drive off and do a runner.

I'm having issues with the insurance/solicitors and trying to get treatment paid for direct. I don't want to pay for stuff upfront and then not get reimbursed. They are just dragging there heels about everything.

I have decent health insurance but am a little bit unsure about the process for it and how to go about using it. Would this be deemed as a no fault accident and therefore have to go through the car insurance rather than my health insurance? Or because it didn't happen in the US can I just ignore no fault and say it was an accident in the UK?!?

Slightly confused as don't want to have treatment refused if I say it was a car accident but in the UK, because getting the insurance to pay back in England is very difficult.

Guindalf

I'm a little confused as to how it would make a difference as to the whys and wherefores. The reason for treatment is not relevant to the insurance company unless it's an activity that's not covered, like skydiving or something. You need treatment and you will have to pay your portion of it and claim it from the other party's insurance company.

The only complication I can see is whether that company covers personal injury as it's usually free under the NHS and not a separate item. You may end up having to sue, but hopefully not.

scrubbedexpat099

So I assume you are resident in the US and were visiting the UK and were injured in a car accident.

Returned back to the US and need treatment here for the injuries suffered.

UK Motor Insurance is liability based, not no fault. Quite how an Insurer would deal with Medical claims from the US intrigues me but is not relevant beyong them not paying direct

You need to contact your US Insurer, presumably they might look at the practicalities of recovering their costs.

RoadWarriorFromLP

I would begin by determining your insurer's position re: your contribution of fault to the crash.

(If you have a police report, then you will want it to be as favorable to you as possible, of course. You may want to try to have it amended if it doesn't quite go your way.)

If you are less than 50% at fault, then your insurer will attempt to collect from the other driver's insurer.

You may or may already have signed something re: the right of subrogation.
Insurance Law: What is a Subrogation Action? - FindLaw Essentially, this means that you are giving authority to your auto insurer to collect what is owed to you by the other party. On one hand, that makes things easier for you; on the other, your insurer will probably not go the extra 1.6 kilometers for you, either. You should find out if you've agreed to this.

Tell your auto insurer that you are and/or will be incurring medical expenses and that you want to be reimbursed. Keep climbing the ladder until you find someone who will help you. Be insistent, and don't let them blow you off.

Good luck.

scrubbedexpat099

It is not his auto insurer, it is Medical Insurer.

No auto insurer involved the incident happened in the UK.

Giantaxe

My bet is that unless the costs are going to be very large, the OP's health insurer won't even bother pursuing a claim in the UK. Of course, the OP will be on the hook for any costs their health insurance doesn't pay unless they can squeeze the money out of the UK car insurance of the other driver.

scrubbedexpat099

Reasonable to suppose that this is not a usual situation and outside the normal scenario. I agree must be an amount where they do not follow up.

mrken30

Were you covered in the UK under your US auto insurance? Auto accidents are treated slightly differently in the US. The primary insurer for your auto accident may well be your auto insurer. Have you contacted them? I assume you have contacted the primary insurer for the auto coverage in the UK. Will they pay your medical bills and claim back from the other insurance?

A lot of auto insurers in the US will be secondary insurers on accidents overseas, before you think because it happened in the UK they won't want to know.

MidAtlantic

He was a passenger in the UK.

tom169

I assume he didn't take travel insurance out in the UK?

scrubbedexpat099

He is back home now.

tom169

Assuming that was in response to my question? If so, should still be able to claim if the insurance was in force at the time...

scrubbedexpat099

He may have done, but is now concerned about expenses in the US.

mrken30

Did you have travel insurance purchased in the US for your UK trip? If so claim on that. If you didn't take out insurance, you may have insurance with one of your credit cards.

Failing that, you may be out of luck, unless you want to pursue it through the courts, which is difficult from overseas.I think it may be related to doctrine of forum non conveniens. I am no lawyer.

scrubbedexpat099

OP was asking about a Medical Insurance claim for treatment he would be having in the US using his US Insurance.