by savealot64 » Fri Jan 29, 2010 09:50 pm
My wife and I were involved in a motorcycle accident. The party that pulled out in front of us were charged with being 100% at fault.Our personal health insurance paid all med bills except the deductable. total med bills were about $20,000.We settled with the isurance co. of the driver at fault for $66,000 with an attorney.The attorney recieved the check for $66,000 he mailed it to us, we signed it mailed it back waithing for our $43,000 portion of it (66%).Before they could mail out our portion my health insurance contacted the attorneyt wanting reimbursment on the med pay. The attorney told us before settling that they can't do that as Missouri is a double dip state. That is why we settled for the amount we did. Now the attorney says we can't recieve out settlement until the matter is cleared up with the health insurance co. because they are afraid of malpractive suit from the insurance co.Can they do this? Did they give me bad advice?Do I have any way to make them pay me the settlement money?thanks steve
Posted: Sat Aug 20, 2011 10:10 pm Post Subject:
Can all parties involved in the accident double dip or only the driver of the vehicle???
No one may "double dip". Your own health insurance is intended to pay FIRST PARTY claims -- the damage you do to yourself. When you are injured by the act of a third party, your own insurance does not have a responsibility to pay your claim, but the insurance owned by the third party does.
If your insurance pays your claim under a third party loss, it is entitled to recover its loss from you. If your damages are paid to you by another insurance company, you owe that amount to your insurance company.
As Steven said, the concept is called SUBROGATION.
Add your comment