CA-BI claim- medical. Amount billed vs. amount paid

by Darlene

In CA should value of bodily injury claim be based upon amount billed by medical provider or the amount paid by the personal medical insurance company?

Other party ran red light & caused $20K damage to my 3day old new car. Other party 100% at fault.

Answer to CA-BI claim- medical. Amount billed vs. amount paid

Hello Darlene,

We believe that you need to base the claim on the actual damages (amount paid). Many times bills are adjusted for many reasons. There maybe some law that would dictate otherwise.

Subrogation of rights is only allowed for the actual amount paid by your insurance company, so we don't see why it would be different (you need to check with local counsel to double check).

Now, if the medical provider is still looking for payment, to recuperate the difference between the billed v. paid estimate. As you know, there are many other factors that come into play.

Please see our section on injury claims here.

Also talk to a local attorney, fill the form below for an attorney near you.