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 Posted: Fri Jul 17, 2009 7:51 pm Post subject: |
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I'm not sure about their legal right, but I would certainly fight that one. Your husband clearly didn't get what his injury was worth, sounds like he got the at fault party's limit. How long ago did your health carrier pay all of these bills, and did they send you a subro notice? Did you all by chance have UIMBI (under insured motorist bodily injury) coverage on your own policy?
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Lori
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| Posted: Fri Jul 17, 2009 8:07 pm Post subject: recenly my husband was injured in an auto accident. The othe |
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| My husband was injured in an auto accidnet. We received a $25,000.00 settlement from the other driver's ins. co. Can our health ins. legally pursue that settlement if they have already paid the hospital and doctor bills.? |
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pam
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| Posted: Fri Jul 17, 2009 8:26 pm Post subject: |
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Yes they can. With an even amount of $25,000 was this a policy limits payment?
NM, this is your second post on the subject. |
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tcope
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| Posted: Fri Jul 17, 2009 8:28 pm Post subject: |
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| Technically they would have a right of recovery but your argument is that you were only paid a very small portion of the loss... so their right of recovery is only for a small portion as well. My guess is that they would not pursue recovery of any portion of the $25,000. |
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tcope
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| Posted: Sat Jul 18, 2009 2:23 am Post subject: |
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| our health ins. started paying the bills about a month ago.Most of the bills have been paid. The ins. co sent a subro notice yesterday. No we did not have underinsured motorist on our insurance. You can bet we do now. |
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pam
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| Posted: Sat Jul 18, 2009 3:04 am Post subject: |
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| yes, $25,ooo.oo was the policy limit. The thing is my husband is still not able to work and may not ever be able to do much. We need that money to pay bills and survive until he gets better. Do we have an argument there? |
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pam
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| Posted: Sat Jul 18, 2009 4:05 am Post subject: |
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| Quote: | | Do we have an argument there? |
Legally it's up to the health carrier how they want to proceed. But I bet if you let them know you were only paid $25,000 of such a large loss that they won't seek any recovery. |
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tcope
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| Posted: Sat Jul 18, 2009 5:07 am Post subject: |
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| Thanks, you have been so helpful. We do appreciate your input. Thanks again> |
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pam
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| Posted: Sat Jul 18, 2009 6:49 am Post subject: |
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Hello Pam,
| Quote: | | Can our health ins. legally pursue that settlement if they have already paid the hospital and doctor bills.? |
Of course they can, however, they may not always seek the recovery very aggressively.
How much is your total medical bill? Has it exceeded the policy limit of the other driver? What are you planning to recover the rest of the amount? |
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jeorge
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| Posted: Sat Jul 18, 2009 12:50 pm Post subject: |
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| Quote: | | The thing is my husband is still not able to work and may not ever be able to do much. |
Sometimes the aftermath has far reaching effects, may be more than we could think at that very moment!
Do you have all the medical documents to support your husband's inability to work following the mishap?
Purpleheaded08
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Purpleheaded08
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| Posted: Sat Jul 18, 2009 1:03 pm Post subject: |
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| Quote: | | Do we have an argument there? |
You sure so Pam, I'm with Tcope on this, talk to someone in your health carriers subro dept, and explain the at fault party's low limits...If they insist upon coming after the full amount, go over that persons head, ask to speak to a supervisor and continue to climb the ladder if necessary. They 'should' write it off, once you prove that the 25k was all you got.
Has your husband applied for disability thru his employer or SS?
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