by Guest » Wed Nov 04, 2009 07:59 pm
We got in a car accident a few months ago (me,hubby,and my two little children under 4yrs old). The person at fault did not have insurance. My car was totaled. We all went to the ER and ortho my health insurance paid all the bills and I have med pay aswell but they also paid the same bill. What will happen now. I contacted the hospital and they said that they will send the check back to the auto insurance. Will I get any med pay?. Also will my health insurance subrogate me instead of the at fault driver? Pls. help me get answer to this questions. Thanks
Posted: Thu Nov 05, 2009 10:47 am Post Subject:
I think you should first talk to the auto insurance adjuster regarding this. IMO, your insurance should subrogate the at-fault driver's carrier.
Posted: Thu Nov 05, 2009 11:54 am Post Subject:
Will I get any med pay?.
Kind of...it will go to your health carrier most likelyAlso will my health insurance subrogate me instead of the at fault driver
If the other driver is uninsured, and you have medpay it will (most likely) become primary, and have to reimburse your health carrier, (i hope you haven't spent that medpay if you've already got it) .IMO, your insurance should subrogate the at-fault driver's carrier.
RE-READ the OP!The person at fault did not have insurance
If you have UMBI, (uninsured motorist bodily injury) you will also be entitled to an injury settlement. Your auto carrier WILL subrogate the at fault party, but not until the claim is closed, and all amounts have been paid.Posted: Fri Nov 06, 2009 01:45 am Post Subject: thanks for the answers
thanks for the answers its very helpful. :lol:
Posted: Wed Nov 11, 2009 10:27 pm Post Subject:
subrogation allows your insurer to enforce rights on your behalf, and is used to help the insurer recover damages. Basically the at fault driver should ahve paid for the damages, byut had no insurance. Your insurance paid out which is fine, but really it shouldn't have had to as the other person was responsible for the damage.
for this reason your insurer is trying to recover money from the uninsured driver (who should have been paying for everything all along), which is why they are using their rights of subrogation.
think of it this way. If there were no insurance companies involved, you'd be chasing the other driver for your costs, in this case your insurer is doing the same thing.
Posted: Thu Nov 19, 2009 07:20 am Post Subject:
Your auto carrier WILL subrogate the at fault party, but not until the claim is closed, and all amounts have been paid.
I'm wondering how these carriers would recover their payments if the at-fault party is unable to reimburse upon subrogation. Is there any alternative way or is it gonnabe a loss for the carrier?
Posted: Thu Nov 19, 2009 09:08 pm Post Subject:
leins, payment plans perhaps even secured interests over assets may all be a possibility.
Once it is established that a debt exists, ti become a collection issue just like any other debt. i dount that insurance liabilities are exempt from chapter 7 bankrupcy though so if the debt is large enough the at-fault party might file for this. In that case it'll be the insurance carrier that wears the loss.
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