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 Posted: Sat Aug 22, 2009 3:10 am Post subject: can subrogation be pursued if a claim is dropped by an insur |
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| Relative was in an accident, as a passenger. Driver at fault but had not insurance or DL. Passenger filed on their own insurance and is trying to settle but his Medicaid has placed a lien on his settlement so now the claim/settlement is going thru their subrogation dept via an independent contracter. Relative is threatening to drop the claim. Would the subrogation still continue? Will the medicaid still be able to get all or most of his settlement? |
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emackstarr37
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| Posted: Sat Aug 22, 2009 12:23 pm Post subject: |
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| Quote: | | Relative is threatening to drop the claim. |
They can't... | Quote: | | Would the subrogation still continue? |
yes, | Quote: | | Will the medicaid still be able to get all or most of his settlement? |
They will be able to take however much they have paid out in medical bills, and why shouldn't they after all?
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Lori
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| Posted: Sat Aug 22, 2009 1:23 pm Post subject: Your answer is confusing.... |
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I read they can not take more than a third of the settlement, but not all and the reason they shouldn't is because he needs the settlement being he is a paraplegic so he needs the max he can get. THAT'S WHY THEY SHOULDN'T 
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anonymous2
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| Posted: Sat Aug 22, 2009 6:50 pm Post subject: |
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| Quote: | | I read they can not take more than a third of the settlement |
Where did you read this? I've NEVER heard of that... | Quote: | | the reason they shouldn't is because he needs the settlement being he is a paraplegic so he needs the max he can get. THAT'S WHY THEY SHOULDN'T |
You've misunderstood, What I meant by why shouldn't they? Is why shouldn't they get back the money they have already paid? That's all they want right? If they paid all his medical bills, he wasn't out a penny for any of the treatment he got right? Not like he has any medical bills to pay..They just want REIMBURSED the money they paid on his behalf...And | Quote: | | he is a paraplegic |
He was paraglegic prior to this accident right?
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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 Aug 23, 2009 7:11 pm Post subject: |
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He doesn't have a problem with them wanting to get some of their money back. He just wish they would take a little bit less of his settlement. And being that the accident was not his fault, I understand him wanting to keep more than 50%. Thats all I'm saying
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anonymous4
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| Posted: Mon Aug 24, 2009 10:16 am Post subject: |
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Here's the thing though, they are more than likely entitled to all of what they have paid back. But he should be getting an injury settlement above and beyond his medical bills.
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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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