I’ve been involved in an accident, liability isn’t a problem, and I thought I was just waiting for a cheque. But I have private health cover through my employers, and they’re now after me for the costs of treatment. I thought I had private health cover to pay for this sort of thing, but they’re saying that I have to sue the insurance company for the guy who knocked me off for my medical costs. Can they make me do this?
Name and address withheld
Yes, they probably can. I prefer to let the medical expenses insurers make their own claim directly off the insurers, because of the risk of the case going wrong after you get an offer settling global sums, which your solicitor advises you to accept.
The real problem comes when your solicitor has said that your claim is worth £20,000, and there’s an offer of £16,000. There are areas of your claim which are quite weak, and you should take the £16,000. But if £5,000 of that claim relates to medical expenses, you’ll have to pay the whole £5,000.
You should ask your solicitor to get confirmation from your medical expenses insurers that he will do his best to recover their outlay, but whatever he recovers, they’ll have to be satisfied with and can’t come after you for more.
Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:22 am
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.