by jbruce » Mon Dec 22, 2008 06:55 pm
Incident occurred at an hotel in Nevada. I live in California. I have been receiving Med pay from the hotel's policy. My insurance company has also paid the providers. Do I have to pay back the money my insurance company has paid the provider or can I "double dip" and keep the money? My Nevada lawyer says to pay back the money. My California lawyer says no. What say you??
Posted: Mon Dec 22, 2008 09:13 pm Post Subject:
You have two attorneys for the same loss? Do they know that? If you are paying them both, you should have them discuss it amongst themselves and let you know.
If _your_ policy is based in CA then I'm guessing CA law would apply regarding your insurance companies payment as this is where the policy providing the coverage was written.
Posted: Mon Dec 22, 2008 09:21 pm Post Subject: reply
First, why two attorneys: We first tried to get a settlement with the hotel in Nevada. After six months, they decided to deny my claim. My local attorney then recommended litigation with a Nevada atty. Second, assuming you are correct that CA jurisdiction will rule my med-pay question, please confirm that I can "double dip", i.e. not pay back my insurance company
Posted: Mon Dec 22, 2008 10:06 pm Post Subject:
I cannot... that is a very technical/legal question. But you are paying your CA good money in order to answer these questions correctly. I'm guessing your CA attorney is answering based on CA law and your NV attorney is answering based on NV law. To be honest, I can't say which one applies and this might even be based on case law. Your attorneys (should) know more about this then anyone. Have them get together and determine who is correct.
Posted: Tue Dec 23, 2008 02:17 am Post Subject:
Thank you for your help. I will do that.
Posted: Tue Dec 23, 2008 04:20 am Post Subject:
Okay, I've always found the situations related to medpay quite tricky to understand. Now, here the situation is even more complicated since two different states are involved in it. Anyways, I was of the idea that the laws of the state where the incident has taken place apply in such circumstances. So, if you have got involved in an accident in Nevada, the state laws of Nevada is likely to govern the claim issue. Therefore, if subrogation s allowed in the state of Nevada, you'd be required to repay the compensation you have received from the hotel's policy.
Posted: Tue Dec 23, 2008 02:18 pm Post Subject:
My insurance company has also paid the providers.
WAIT WAIT WAIT a second...is your insurance company your health carrier? If so, you can NEVER double dip with a health carrier (that I've ever heard of anyway)....since this doesn't sound like an auto loss at all...I'm betting you're using your health carrier and their med pay...if that is the case, get that money back to the health carrier....IMO Nevada law will apply of course, however if your policy has a subro claus (i'm sure it does) that will not change anything at all.
Posted: Tue Dec 23, 2008 04:40 pm Post Subject:
thank you!
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