If you're injured in a car crash, who pays? Auto or health Insurance?

If you're injured in a car crash, who pays? Auto or health Insurance? (Photo: KUTV)

(KUTV) Melissa Haws was in a terrible accident in February. She was heading down a canyon road in a rain storm when her car lost control and rolled.

She was rushed to the hospital and patched up.

Now comes the hassle of trying to get someone to pay for the medical bills.

Her car insurance paid $3000 promised, leaving her with a $5600 bill. But her medical insurance, Regence, won't pay anything. Melissa says she was told it was because her car insurance had already paid.

"That's more than what they would have paid, and so they weren't going to pay anything on the remaining balance," Melissa said. "I would at least like to get this resolved so it's not always at the back of my mind."

Utah Insurance Commissioner Todd Kiser says figuring out which insurance company is responsible to pay what is not rocket science. After a wreck, auto always pays first.

"If you're involved in an automobile accident, your automobile coverage is going to be primary," he said. "That's state law."

But that doesn't mean the health insurance is off the hook to pay anything.

"If it's a covered claim, then the health insurance company would understand what their responsibilities are," he said.

Melissa says Regence is not living up its responsibility. Get Gephardt asked Regence why they are refusing to pay anything towards the claim. A spokesperson declined an on camera interview but in an email stated that Regence paid their portion the "week of Nov 13, leaving our member with a $150 copay." Melissa received a letter from Regence, which indicated that her appeal of the denial had been heard, and the denial was being overturned.

Just like that, Melissa's $5600 has been paid, minus a $150 copay.

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