by Guest » Wed Nov 25, 2009 04:39 pm
Does anyone know what if any a military man injured in an accident would have to pay back the government for his medical expenses out of his or her personal injury award? If they do have to pay some back, can the medical cost be negotiated down if the person that hit him was underinsured.
Thanks!
Thanks!
Posted: Wed Nov 25, 2009 11:35 pm Post Subject:
would have to pay back the government for his medical expenses out of his or her personal injury award?
if there is a subrogation claus in the health insuring agreement (and I'd bet on it)..If they do have to pay some back, can the medical cost be negotiated down if the person that hit him was underinsured.
cerainly...I'd plead my case hard and long trying to get them to drop their subro claim, if you get policy limits from the at fault carrier, and you do NOT have UIM (under insured motorists)..then I'd go for it..Posted: Thu Nov 26, 2009 04:50 pm Post Subject:
Thanks for your reply, actually the person that my spouse hit was a military person and I don't think they had underinsured motorist. Their medical bills were about half of our policy limits and they want us to pay out of pocket for an amount over the policy limit. Is there any set formula for how much pain and suffering is? I know his attorney will take his cut as well. We do have one asset (a property) that we have very little equity in now (we made a bad investment). Also, we have another person on the deed of that property that owns an interest in it and will need to be paid back his or her share.
One more question if you know it. Can a person come after a persons spouses part of a property in a lawsuit or just the one that was involved in the accident?
TIA!
Posted: Fri Nov 27, 2009 07:35 am Post Subject:
I guess the worth of pain and suffering could be determined out of the injured's medical bills. I don't think there's a set formula to determine this as things may vary with the extent of damages.
Their medical bills were about half of our policy limits and they want us to pay out of pocket for an
amount over the policy limit.
I don't think they can do this with you. Did you share this problem with your carrier?
Posted: Fri Nov 27, 2009 11:58 am Post Subject:
they want us to pay out of pocket for an amount over the policy limit
Who is they? Their Attorney? tough, they have get an excess judgement first...Is there any set formula for how much pain and suffering is?
No, not for a an auto BI claim..I know his attorney will take his cut as well.
Yep that will come off first..We do have one asset (a property) that we have very little equity in now (we made a bad investment). Also, we have another person on the deed of that property that owns an interest in it and will need to be paid back his or her share.
Nope, can't touch that if another person is on it...One more question if you know it. Can a person come after a persons spouses part of a property in a lawsuit or just the one that was involved in the accident?
That's state dependent. Is your name on the car title?Ok, here's the deal your carrier has to p rovide you with a defense against this suit. Your carrier further has to do all they can do to settle this within your policy limits, thus protecting you against an exess judgement. The ONLY way you would have to pay more out of pocket is if they actually get to court, and win a judgement. Then they have to collect on it.
Their medical bills were about half of our policy limits What are your limits? Are they done treating?
Posted: Fri Nov 27, 2009 05:18 pm Post Subject:
What are your limits? Are they done treating?
Our limits were 50/100 ( we were underinsured). I have sinced raised them significantly. I think he finished his treatment several months ago. The weird thing about it is that his attorney is not putting a dollar amount in what he wants us to pay. He is leaving that open. My claims lady said that it was unusual. Normally they will put a number in there. The attorney also said that the guy lost 1 months wages and I have several friends in the military and they said that there is no way that he lost any wages. My friends said that if you are injured than they most likely will put you on administrative duties until you can resume your regular job. They just don't stop paying you.
Another problem I am having with this whole thing is that they are not telling us exactly what his injuries were, not even our claims lady. Everyone is saying that they have to protect his medical privacy. All we know is, at the beginning of the accident, they said that he had a dislocated ankle and a possible tibia fracture. Our insurance company wrote us a letter a week after the accident saying this. I guess this information was coming from the hospital that initally treated him. Well, the hospital that they ultimately transferred him to was basically disbuting the tibia fracture. My spouse was able to find this out from our claims lady. Anyway, now, no one is telling us anything and I don't think that is fair and neither does our attorney. Why should we pay for something when we don't even know the extent ot his injuries.
Posted: Fri Nov 27, 2009 06:09 pm Post Subject:
No carrier will pay a dime without the release of his medical records and the diagnosis/treatment he recieved from his injuries. Your claims person should have obtained this already unless the attorney declined. Which in time, he/she will eventually agree to release them after they have finished their investigation. You are correct about military personnel. They do not stop getting paid because the are injured, even if they cannot work including light duty and admin. Your attorney doesn't think it's fair? All attorney's encounter this. His records will be released as soon as his attorney finishes their investigation. Until you or your atty recieves the records, let them ask for whatever they want.
Posted: Thu Dec 03, 2009 01:30 am Post Subject: Update
Thanks for the responses everyone! I just wanted to give an update on our situation. Our insurance company called this afternoon and told us that the guy is going to go ahead and take our policy limits. This should release us from any further liability. We have learned a hard lesson in all of this and will always make sure that we are properly insured.
Posted: Thu Dec 03, 2009 02:50 am Post Subject:
I can feel the weight off your shoulders!
Posted: Thu Dec 03, 2009 04:12 am Post Subject:
Our insurance company called this afternoon and told us that the guy is going to go ahead and take our policy limits.
It was either the attorney collecting an easy 33% of $50k or the attorney spending hours/days in court to get a judgement, and then collecting taking 33% of $50k. Spend a hour to collect 33% of $50k or days to collect 33% of $50. You do the math. :wink:Posted: Thu Dec 03, 2009 04:45 am Post Subject:
One more reason for genuine tort reform.
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