by Guest » Wed Jan 21, 2009 04:15 pm
I was involved in an auto in VA. The other party was at fault. I am insured in TN. I received a med-pay from my insurance company. Now, they are trying to receive subrogation from me. I have already settled with the party at fault. My attorney thinks it would be appropriate to go to court and fight it. Do VA. and TN. allow subragation of med-pay? My insurance company filed this with a collection company which really irritated me! Do you all think I should go to court or just pay my insurance company back?
Posted: Wed Jan 21, 2009 09:48 pm Post Subject: med-pay
first of all, the Vols suck. you need to find a real football team to root for. Try LSU, les of a let-down, trust me. second, stop posting stupid questions.
Posted: Wed Jan 21, 2009 10:29 pm Post Subject:
Whatever! LSU at least will have a great DC now! Why don't you go to a football forum to discuss football. Secondly, it is not a stupid question! If you have an answer, I would appreciate it! If not, don't reply! Thanks!
Posted: Wed Jan 21, 2009 10:44 pm Post Subject: lsufan33volssuck
harsh. it's not a stupid question. you're right. i was just being mean. i work in a law firm. i would not pay it back. most states allow "double dipping" as they call it.
Posted: Thu Jan 22, 2009 03:17 am Post Subject:
Thank you! I am just worried because my insurance company turned this over to collections and my job frowns on that! I don't want this to be on my credit report because it brings my score down. My attorney said to go to court but if I do will the collection show on my credit report? Will my insurance drop my policy? Good luck down on the Bayou!
Posted: Thu Jan 22, 2009 05:42 am Post Subject:
Hey guys, yeah, things are gradually heating up about the super blow but lets not it disrupt our discussions on insurance problems :wink:
Volsfan, VA seems to allow the claimant to double dip against the medpay , i.e. you can receive both from your insurer medpay coverage and from the at-fault drivers insurer for the medical expenses.
However, just hang tight, we have very experienced experts in this forums who will shortly be around with information.
~Jeremy
Posted: Thu Jan 22, 2009 05:51 am Post Subject:
Well, since your policy is written in Tennessee and the TN laws allow the auto company to subrogate the medpay coverage, you may have to compensate your insurer for the benefits that you have received under the medpay coverage.
Things get often confusing with two contradictory state laws involved in it but in this case IMO the insurer would go by the laws of TN since that is where you are insured. So, don't try to benefits from the injuries and pay the insurer their dues.
Tx,
Posted: Thu Jan 22, 2009 06:01 am Post Subject:
Jeremy, its true that VA allows double dipping with the medpay, however, there is a twist.
Medpay is an optional coverage in Virgina i.e. the driver has the option to opt for meday or go without it, and, therefore the health insurer in VA can't deny coverage for medical expenses incurred in an accident.
Now if the insured has medpay but has got compensated by the health insurer for the medical bills, is still liable to compensate the health carrier once he receives the payment from the auto insurer.
Posted: Fri Jan 23, 2009 12:17 pm Post Subject:
Post below was left by OP in my quick messages:
I was involved in an auto in VA. The other party was at fault. I am insured in TN. I received a med-pay from my insurance company. Now, they are trying to receive subrogation from me. I have already settled with the party at fault. My attorney thinks it would be appropriate to go to court and fight it. Do VA. and TN. allow subrogation of med-pay? My insurance company filed this with a collection company which really irritated me! Do you all think I should go to court or just pay my insurance company back?I am just worried because my insurance company turned this over to collections and my job frowns on that! I don't want this to be on my credit report because it brings my score down. My attorney said to go to court but if I do will the collection show on my credit report? Will my insurance drop my policy?
I would say since this has went to collection it is ALREADY on your credit report...I would think your attorney would know which state takes precendent...what is your atty going to charge for this, and how much money are we talking about? Will they drop your policy? more than likely if your state allows it....McCrotch aka lsufan33volssuck...thank you for apologizing..please read our TOU another one of these comments
second, stop posting stupid questions.
and I will have not other alternative but to request you be permanently banned....this is an insurance forum, not a football forum, if you want to post something off topic do so in the "announcement/fedback category"...I know you are new here, and want to give you the benefit of the doubt...also IF you work in an atty's office then you should know this is complex in that two states are involved, one allowing double dipping, one (apparently) not where the loss occured...you should further know that all policys have to conform to the state laws they are driven into...but some parts of the policy stay the same....Any questions please feel free to send me a pm
Please feel free to post and do your best to actually 'help' another, with your experience I'm sure you would be an asset to this forum...that being said, now let's all play nice...last time I hope to have to tell grown ups this... :wink:
Posted: Fri Jan 23, 2009 03:37 pm Post Subject:
The amount is $5,000. My attorney would charge 22%. I don't know if they will drop my policy--they have't notified of such. I checked my credit reports and this is not on there...yet! My attorney said VA. law would apply so then my ins. company cannot subrogate. If I go to court and lose then my credit score will drop drastically! I thought about calling my ins. adjuster to see if she would take the payment. Should i negotiate a lesser payoff with her or the coll. agency? should I ask for a pay to delete letter from them even though it is not on my CR'S yet? Thanks for the advice!
Posted: Sat Jan 24, 2009 12:03 am Post Subject:
The amount is $5,000. My attorney would charge 22%
Honey 22% of what? if you win...they you don't have to pay it back, but you won't be getting any additional money so 22% of what?I thought about calling my ins. adjuster to see if she would take the payment.
She cannot talk to you AT ALL if your attorney has sent her a rep letter and i'm sure he has...Should i negotiate a lesser payoff with her or the coll. agency? should I ask for a pay to delete letter from them even though it is not on my CR'S yet?
If your atty is correct and subro of medpay doesn't apply then no way would i pay a penney of it...and once they had it over to collection they probably cannot negotiate with you anyway on the pay...when this all started did the adjuster supply you with any laws, or policy wording that verified or strengthened their stance on this? It is pretty rare for a P&C company to sue their own insured...or turn them in to collection for things like this...unless they are absolutely certain they are right, otherwise they could be opening themselves up for a bad faith suit...did anyone check with the depts of ins. in both states? or file a complaint in both states? (which by the way is free)...what exactly is the atty saying? what is he/she doing for you?Add your comment