Estate can recover medical bills paid by insurer, rules court
The Court of Appeal says insurance payments do not reduce the liability for medical costs incurred before an accident victim’s death.
In a recent ruling by the Court of Appeal, it has been determined that an estate can recover medical expenses paid by an insurance company, even if the bills were covered by the insurer. This decision pertains to the case of Siow Kai Xin, a teenager who tragically passed away in 2020 after undergoing medical treatment following a 2017 road accident.
The estate was able to recover proven medical expenses exceeding RM633,000, with RM583,265.66 having been paid through medical insurance. The Court of Appeal overturned the High Court's decision regarding liability and quantum, restoring the sessions court's initial apportionment of 60% liability for Siow and 40% for the other party.
The Court of Appeal upheld the sessions court's assessment of evidence, which included the accident scene's physical evidence, and ruled that the estate was entitled to recover the cost of treatment at Sunway Medical Centre, despite the bills already being paid by the insurer. The estate was awarded RM470,000, including interest, from Liberty Insurance Malaysia Bhd, the insurer of the responsible party's car, along with RM60,000 in costs.
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- Estate can recover medical bills paid by insurer, rules court freemalaysiatoday.com
