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 Posted: Sat Feb 16, 2008 11:49 am Post subject: |
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re:health insurance subrogation...it has been my experience that most if not all health policys have a subro clause...tcope is absolutely correct as well...my advise would be though not to spend that money! (what your health carrier could request) for a long long time...check your statue on this...in my area I think it's something ridiculous like ten years!
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Lori
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| Posted: Sat Feb 16, 2008 12:25 pm Post subject: |
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| Wow, big difference in oppinion here. How come one thinks policy limits of $100k and the other cuts it in half, can either of you explain? |
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goodnatured
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| Posted: Sat Feb 16, 2008 12:42 pm Post subject: |
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"I'' think she's way off....I see this as a (near) limits claim....gotta remember though, these things tend to be kind of 'regional'
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Feb 17, 2008 3:01 am Post subject: |
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| I hope he gets what you guys are saying, policy limits, he was off work for a while and did have to go for surgery. He will have trouble probably his whole life with an injury like this. It will as the older people say, let him know when the rain is coming, I am sure this leg will bother him in some way for a long time to come. |
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erb1953
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| Posted: Sun Feb 17, 2008 4:54 am Post subject: |
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without hiring an attorney, can an individual send a set of interrogatories to determine what the policy limits are? what, specifically, would those interrogatories ask? thanks!
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stray
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| Posted: Sun Feb 17, 2008 10:52 am Post subject: |
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Great question Stray! and one I don't know the answer to unfortunately...this particular OP knew the policy limits because he was a passenger in a friends vehicle....I honestly don't know...In many areas (mine included) policy limits are a closely guarded secret and if memory serves interrogatories do not compel that answer....hopefully somone else will come along that knows that answer...I've seen claims get to the court house, without limits being disclosed...so not sure they would necessarily have to answer that....
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Feb 17, 2008 3:43 pm Post subject: |
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thanks Lori! in a dui case, what impact do the punitive damages have on the at-fault party's insurance company? i'm told they won't pay punitive damages in a settlement, but i thought it was their obligation to shelter their policyholder from any legal issues. this is all very confusing for me - i'm hoping not to involove an attorney, but it's looking like i may need to. thx again!
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stray
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| Posted: Sun Feb 17, 2008 6:30 pm Post subject: |
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| Quote: | | what impact do the punitive damages have on the at-fault party's insurance company? i'm told they won't pay punitive damages in a settlement, but i thought it was their obligation to shelter their policyholder from any legal issues. |
It differs from state to state. Some states do not allow the insurance to address punitive damages... as it would completely defeat their purpose. It's usually a question of what the state allows, not the policy. |
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tcope
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| Posted: Sun Feb 17, 2008 8:37 pm Post subject: |
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punitive damages are allowed in my state (PA). are they covered under an insurance policy, or would i need to file a lawsuit against the at-fault driver?
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stray
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| Posted: Mon Feb 18, 2008 1:46 am Post subject: |
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They would need to be award by a judge/jury. Keep in mind, punitive damages are allowed in every state I know but it's another animial as to if the state -allows- them to be paid by the carrier. If the carrier cannot pay them, there is a slim chance they will ever be paid. Look at the OJ case.
Sorry... the _1st_ OJ case. |
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tcope
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| Posted: Mon Feb 18, 2008 5:35 am Post subject: |
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Lori, are out saying that my health insurance could take up to ten years to ask for the money to be paid back to them? And thats why I shouldnt go out and blow all of it? Im not gonna blow all of it anyways, but just wondering so i can set it aside for when they do call and want repaid.
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CBR1000
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| Posted: Mon Feb 18, 2008 2:58 pm Post subject: |
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| Quote: | | Lori, are out saying that my health insurance could take up to ten years to ask for the money to be paid back to them? |
It's whatever your states Statute of Limitations is for contracts.
While it's good advise, I doubt anything would change after a year. |
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tcope
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| Posted: Wed Feb 20, 2008 1:49 am Post subject: |
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| Quote: | tcope
Senior member
Posted: Mon Jan 28, 2008 4:30 pm
Post subject: what should i settle for
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If you want to sound well informed, while negotiating ask the adjuster if their carrier uses an injury claim software program, such as Colossus. If they don't pat the adjuster on the back for working for a good company (I work as an adjuster and I think every carrier who uses these systems should be sued till they are broke)
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tcope,
I would like to Pat you on the back.
FK |
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FK
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| Posted: Wed Feb 20, 2008 3:35 am Post subject: |
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| Of course you should go for the limit. Regardless of what people say, its in your best interest. |
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diem
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| Posted: Tue Feb 26, 2008 2:56 pm Post subject: |
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Im going to try and go for the limits, if he ever calls me back.....hope I can get the limits, that would make it easier. How long does it usually take to settle once we start talking about settleing?
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CBR1000
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