Collateral Source Rule in TX

[CMCEINC]

Jurisdiction

Texas

Please clarify the Collateral Source Rule in Texas as it applies to the victim of a car wreck.

Is it correct the at fault party's insurance doesn't get to take advantage of my medical insurance? Am I allowed to collect the same amount they had to refund to my medical plan?
I understand I'm not going to get the crazy costs listed on the explanation of benefits but it appears I have the right to demand not only my out of pocket expenses (deductibles, copay...) but the costs as related to my medical bills paid by my medical insurance.
Thanks!

 

[adjusterjack]

No.

The defendant does not pay the same medical costs twice.

Read about the Texas Supreme Court decision of 2011:

"Paid and Incurred" Ruling by the Texas Supreme Court… | Galloway Johnson

Here is the full decision:

FindLaw's Supreme Court of Texas case and opinions.