Harlingen, TX Personal Injury Law Firms & Lawyers

You mention Arizona in your question, but your question was submitted as a question about Alabama law. The law can differ significantly from state to state. If your accident occurred in Arizona, I suggest that you re-submit your question and indicate Arizona rather than Alabama. That way, you will get responses from attorneys who practice law in Arizona rather than Alabama. With that said, whether or not you have to re-pay your automobile insurance carrier for medical expenses paid on your behalf will likely depend on the language of your insurance policy. Look for the term "subrogation" in your insurance policy especially in the section about Medical Payments coverage. A few insurance companies do not subrogate (require re-payment) for medical payments made under the MedPay portion of an automobile policy but most insurance companies do. You should discuss the matter directly with your insurance company. If you are insured by a reputable company, they will tell you the truth whether or not they have paid yet. You many need to speak with someone in the subrogation department (instead of a claim adjustor). If you are not comfortable speaking with your insurance company about your subrogation questions, you should consult with an experienced attorney who handles insurance matters. You likely only have a right to MedPay (medical expenses) from your own insurance carrier. However, you can recover all compensatory damages (such as medical expenses, lost wages and pain and suffering) from the liable individual (or his/her insurance carrier).

This is a very unfortunate situation; however, there is a recent case in California (within the last 2 years or so) with which not all attorneys are familiar and which could be of significant help your family. The case holds that a personal vehicle used by someone who is employed and whose vehicle provides an incidental benefit to an employer may be found to be a work vehicle and thus create a vicarious liability on the employer even if the vehicle was not being used for work purposes at the time of the collision. Also, based on your description of the collision, there may also be a claim against the government for a dangerous roadway. You should have an attorney who does personal injury look at the file right away in order to properly assess the case.