by crociada » Thu Jan 15, 2009 07:56 pm
Hi, I was in a car accident six months ago in which the other party was at fault in New Mexico.My car insurance covered all costs until my medpay ran out last week. I then received a subrogation letter indicating they would seek reimbursement from the other car insurance for their expenditure of 5K. I'm still receiving treatment (and paying out of pocket) so I'm not yet ready to settle. Can my car insurance company recover their 5K from the other insurance company, if I don't settle yet? Will they start harassing me since I'm waiting to settle?
Posted: Wed Jun 15, 2011 04:31 am Post Subject: Subrogation question
I had a car accident in 2006 and had to have surgery from the accident and finally setteled in 2009. Now the insurance is coming after me to pay back what they paid for my surgery. Can they still come after me or is there a time limit? My lawyer just keeps sending back their attorneys a letter saying that the subrogation has been denied. But can they still do it by law?
Posted: Wed Jun 15, 2011 03:33 pm Post Subject:
If your MEDICAL and/or your AUTO insurance paid your medical expenses resulting from the collision, and you eventually recovered money from the AT FAULT party, your medical and/or auto insurers would legally be entitled to recover under the subrogation clause in your contract.
Your attorney is in no position to deny this if it is in your insurance contract.
Posted: Thu May 03, 2012 03:45 pm Post Subject:
i received a letter from my health insurance asking if my care was a result of an auto accident and if i have already settled it. yes it was from an accident but was going on for over 4 years n i just settled it 2 months ago. what should i do. can they make me pay back cause of my selltlement or can i just ignore the letter?
Posted: Thu May 03, 2012 05:19 pm Post Subject:
can they make me pay back cause of my selltlement or can i just ignore the letter?
Yes, they can make you pay them. Yes, you can ignore the letter. No, ignoring the letter will not make the problem go away.
If you were represented by an attorney, all of this should have been explained to you. If it wasn't, you may have a malpractice claim against the attorney.
Either way, you can negotiate the amount of settlement with your health insurance company. They will accept less than they are asking for because 100% of something is better than 0% of everything.
Posted: Fri Mar 22, 2013 11:58 pm Post Subject:
I had an accident 2011 and no settlement as of today, the accident was not my fault it was the other guy and he got tickets, I drove off to the hospital after the policeman talk with me and got my info. a couple of weeks later I started going to arrowhead clinic for 32 weeks, finished, got released, they referred me to an attorney and they told me as i was being treated they would handle everything and I had to do nothing but finish the treatment and I did, however, after about a month or so i was complaining about my knee and leg, so i went to my pcp and she x rayed and nothing was there, no arthiritis, later after more complaining she referred me to an orthopedic, he did MRI and found very bad menicus tear, did surgery which cause me later to have blood clots, i was hospitalized for a week, on meds, loosing blood had to have transfusion, lost so much I had to recently have a female surgery to stop all bleeding, mean time attorney asst, send out subrogation letter and my insurance has nothing to do with my accident, i thought they were working on getting my settlement. Its been almost two years and nothing, I told her I was not signing it and she sent it to my pcp to sign i told her they take paymts from my check thats how they get paid through deductions at work. I am now on short term disability have not been back to work sense the accident.. my insurance was never told about my accident why are we involving them when I pay them already. My bills are high, rent late, phone cut off, no work no pay, and they havent settled. He hit me from the back while talking on his cell phon e and I am now catching hell. Should I switch lawyers, its nine months toward this being 2 years and I found out that is the statue. why am i suffering. what do I need to do. and my doctor ignored the letter as well. :cry:
Posted: Sat Mar 23, 2013 02:14 am Post Subject:
If you have legal representation, you should be addressing all of these questions to your attorney. He's the one who's going to take 30% to 40% of whatever settlement you get for doing whatever it is or isn't that he's done so far.
As far as your insurance company working to get a settlement on your behalf (if that's what you meant to write -- your writing is very confusing because you use "they" several times without specifying who "they" is) -- you could wait another 20 years and be in the same condition, because your insurance company has no responsibility to do that for you. All of this is on the at-fault party and his insurance company.
Depending on what state the collision occurred in, you could be almost out of time to file a lawsuit. Some states have only a two year statute of limitations, and if your/your attorney violates that window of opportunity, you are completely out of luck. The time started running on the day of the collision.
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