Can a medical Insurance CO. sue you personally for medical expenses of someone they cover?

My husban got into a physical fight with someone and pleaded "no contest" in court. Now this person is suing him in civil court. Today in court, this person stated that his Insurance co. was suing my husband as well for medical expenses they already covered (we are talking about $45000.00). If my husband did not plead guilty, how can the Insurance company come after us, especially if we would never be able to pay that amount back?

If you are in the US, the medical insurance company would put a lien on the suit that the guy has in civil court, it is called a subrogation lien. So if the case settles for say $100,000, then the attorney for the plaintiff would have to pay the $45,000 minus 1/3 for attorney's procurement costs out of that $100,000. Then the plaintiff would get the rest minus attorney's fees.

They can sue, and they will probably win.

Lesson of this story - grown men should not get into fistfights.

Well, your husband didn't plead "not guilty." He pleaded no contest which, for all intents and purposes, is the equivalent of a guilty plea. As he is admitting to the crime beyond a reasonable doubt (the standard in criminal cases), then he would also be found guilty by a perponderance of the evidence (the standard in civil cases--a lesser burden than beyond a reasonable doubt).

Essentially your husband admitted liability, and, as the insurance company wants to keep their money, they're going after you. Perfectly acceptable. This, by the way, is how things are typically done in car accidents, as well--the person's insurance company represents them.

The "no contest" plea was in response to a criminal charge.

This is completely different. It's a civil matter. The injured party can sue for such things as wage loss, pain and suffering, etc. The insurance company has a right to seek compensation for monies paid out as a result of medical expenses that they covered. This all assumes that they can prove your husband's culpability.

You are best off to hire a lawyer for this one because if you don't respond to the suit, you will be found liable by default and the cost to have the matter reheard will be as much as the amount of the claim.

Unfortunately, if the insurance company is successful, they will be able to garnishee your husband's income until the debt is settled.

The only thing he can do in that case is seek protection under Chapter 11 or go bankrupt.

Good luck with it.