Med-Pay Carriers Can't Bypass the Plaintiff in Indiana Car Wrecks

Karl Truman

Attorney
(866) 735-1102 Ext 315

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When injury victims receive medical payments coverage from their own auto policies to pay medical bills in Indiana car wrecks, their insurance carrier is ususally entitled to assert a contractual lien against the insured's recovery from the other driver.

Under the Indiana lien reduction statutes, plaintiffs can reduce med-pay liens by a pro-rata share of expenses and attorney fees. Under the comparative fault act, injured plaintiffs can also reduce med-pay recovery by the same proportion that the plaintiff's recovery was reduced by comparative fault.

Some med-pay carriers try to by-pass the plaintiffs and their attorneys and collect the entire amount they paid on their own. This requires an aggressive lawyer who will fight the insurance company to maximize their cleint's recovery.

This process is entirely different in Indiana than Kentucky which will be discussed in another blog entry.

Karl Truman