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 Posted: Wed Jan 21, 2009 4:15 pm Post subject: med-pay subrogation |
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I was involved in an auto in VA. The other party was at fault. I am insured in TN. I received a med-pay from my insurance company. Now, they are trying to receive subrogation from me. I have already settled with the party at fault. My attorney thinks it would be appropriate to go to court and fight it. Do VA. and TN. allow subragation of med-pay? My insurance company filed this with a collection company which really irritated me! Do you all think I should go to court or just pay my insurance company back?
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volfan 1
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| Posted: Wed Jan 21, 2009 9:48 pm Post subject: med-pay |
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first of all, the Vols suck. you need to find a real football team to root for. Try LSU, les of a let-down, trust me. second, stop posting stupid questions.
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lsufan33volssuck
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| Posted: Wed Jan 21, 2009 10:29 pm Post subject: |
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| Whatever! LSU at least will have a great DC now! Why don't you go to a football forum to discuss football. Secondly, it is not a stupid question! If you have an answer, I would appreciate it! If not, don't reply! Thanks! |
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volfan
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| Posted: Wed Jan 21, 2009 10:44 pm Post subject: lsufan33volssuck |
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| harsh. it's not a stupid question. you're right. i was just being mean. i work in a law firm. i would not pay it back. most states allow "double dipping" as they call it. |
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McCrotch
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| Posted: Thu Jan 22, 2009 3:17 am Post subject: |
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| Thank you! I am just worried because my insurance company turned this over to collections and my job frowns on that! I don't want this to be on my credit report because it brings my score down. My attorney said to go to court but if I do will the collection show on my credit report? Will my insurance drop my policy? Good luck down on the Bayou! |
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volfan
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| Posted: Thu Jan 22, 2009 5:42 am Post subject: |
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Hey guys, yeah, things are gradually heating up about the super blow but lets not it disrupt our discussions on insurance problems 
Volsfan, VA seems to allow the claimant to double dip against the medpay , i.e. you can receive both from your insurer medpay coverage and from the at-fault drivers insurer for the medical expenses.
However, just hang tight, we have very experienced experts in this forums who will shortly be around with information.
~Jeremy |
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JeremyHolter
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| Posted: Thu Jan 22, 2009 5:51 am Post subject: |
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Well, since your policy is written in Tennessee and the TN laws allow the auto company to subrogate the medpay coverage, you may have to compensate your insurer for the benefits that you have received under the medpay coverage.
Things get often confusing with two contradictory state laws involved in it but in this case IMO the insurer would go by the laws of TN since that is where you are insured. So, don't try to benefits from the injuries and pay the insurer their dues.
Tx,
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bluebell
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| Posted: Thu Jan 22, 2009 6:01 am Post subject: |
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Jeremy, its true that VA allows double dipping with the medpay, however, there is a twist.
Medpay is an optional coverage in Virgina i.e. the driver has the option to opt for meday or go without it, and, therefore the health insurer in VA can't deny coverage for medical expenses incurred in an accident.
Now if the insured has medpay but has got compensated by the health insurer for the medical bills, is still liable to compensate the health carrier once he receives the payment from the auto insurer.
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robust mollusc
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| Posted: Fri Jan 23, 2009 12:17 pm Post subject: |
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Post below was left by OP in my quick messages:
| Quote: | | I was involved in an auto in VA. The other party was at fault. I am insured in TN. I received a med-pay from my insurance company. Now, they are trying to receive subrogation from me. I have already settled with the party at fault. My attorney thinks it would be appropriate to go to court and fight it. Do VA. and TN. allow subrogation of med-pay? My insurance company filed this with a collection company which really irritated me! Do you all think I should go to court or just pay my insurance company back?I am just worried because my insurance company turned this over to collections and my job frowns on that! I don't want this to be on my credit report because it brings my score down. My attorney said to go to court but if I do will the collection show on my credit report? Will my insurance drop my policy? |
I would say since this has went to collection it is ALREADY on your credit report...I would think your attorney would know which state takes precendent...what is your atty going to charge for this, and how much money are we talking about? Will they drop your policy? more than likely if your state allows it....
McCrotch aka lsufan33volssuck...thank you for apologizing..please read our TOU another one of these comments | Quote: | | second, stop posting stupid questions. |
and I will have not other alternative but to request you be permanently banned....this is an insurance forum, not a football forum, if you want to post something off topic do so in the "announcement/fedback category"...I know you are new here, and want to give you the benefit of the doubt...also IF you work in an atty's office then you should know this is complex in that two states are involved, one allowing double dipping, one (apparently) not where the loss occured...you should further know that all policys have to conform to the state laws they are driven into...but some parts of the policy stay the same....
Any questions please feel free to send me a pm
Please feel free to post and do your best to actually 'help' another, with your experience I'm sure you would be an asset to this forum...that being said, now let's all play nice...last time I hope to have to tell grown ups this...
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Lori
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| Posted: Fri Jan 23, 2009 3:37 pm Post subject: |
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| The amount is $5,000. My attorney would charge 22%. I don't know if they will drop my policy--they have't notified of such. I checked my credit reports and this is not on there...yet! My attorney said VA. law would apply so then my ins. company cannot subrogate. If I go to court and lose then my credit score will drop drastically! I thought about calling my ins. adjuster to see if she would take the payment. Should i negotiate a lesser payoff with her or the coll. agency? should I ask for a pay to delete letter from them even though it is not on my CR'S yet? Thanks for the advice! |
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volfan
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| Posted: Sat Jan 24, 2009 12:03 am Post subject: |
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| Quote: | | The amount is $5,000. My attorney would charge 22% |
Honey 22% of what? if you win...they you don't have to pay it back, but you won't be getting any additional money so 22% of what? | Quote: | | I thought about calling my ins. adjuster to see if she would take the payment. |
She cannot talk to you AT ALL if your attorney has sent her a rep letter and i'm sure he has... | Quote: | | Should i negotiate a lesser payoff with her or the coll. agency? should I ask for a pay to delete letter from them even though it is not on my CR'S yet? |
If your atty is correct and subro of medpay doesn't apply then no way would i pay a penney of it...and once they had it over to collection they probably cannot negotiate with you anyway on the pay...when this all started did the adjuster supply you with any laws, or policy wording that verified or strengthened their stance on this? It is pretty rare for a P&C company to sue their own insured...or turn them in to collection for things like this...unless they are absolutely certain they are right, otherwise they could be opening themselves up for a bad faith suit...did anyone check with the depts of ins. in both states? or file a complaint in both states? (which by the way is free)...what exactly is the atty saying? what is he/she doing for you?
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Lori
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| Posted: Sat Jan 24, 2009 6:04 am Post subject: |
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| The amount I owe back is $5000. I would have to pay 22% to my attorney for representation. He represented me during the accident with the at fault party. i have only been in contact with him since the collection call. The adjuster did NOT supply any laws,policy,etc. I contacted the depts. of insurance in VA. and TN. for info. Va. does not allow subragation but TN. does. My attorney said VA. law should apply because the accident occured in VA, but he is not 100% sure. My biggest problem with this is the credit. My score is close to 800 and I am afraid of this collection bringing it way down! however, I callethe coll. comp. back and they said it would not be reported b/c it is considered a tort/overpay instead of a debt. Thanks for all your help!!! |
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volfan
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| Posted: Sat Jan 24, 2009 12:18 pm Post subject: |
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| Quote: | | My attorney said VA. law should apply because the accident occured in VA, |
that would be my inital thought as well | Quote: | | but he is not 100% sure. |
me either...your policy should say something..or TN dept of ins should be able to tell you if the subro clause under med pay in your TN policy trumps VA policy language only as it related to this part...and it very well could..when is your atty plan on making a real decision on this...'he isn't 100% sure' isn't a good answer if you do owe it better to get it paid, over and done with..did your adjuster NEVER tell you this would be subrogated when they offered up the medpay coverage? when was your first notice of this, and when did they extend the medpay coverage?
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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: Sat Jan 24, 2009 5:08 pm Post subject: |
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| My insurance company gave my attorney a subrogation letter in Nov. of 07. Before I cashed their check, I called them and asked who would they subrogate from, the at fault party or me? At that time they said the at fault party. Well, stupid me did not get it documented and now it is on me! Although the person I talked to was not the adjuster assigned to my case. |
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volfan
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| Posted: Sat Jan 24, 2009 5:52 pm Post subject: |
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| Quote: | | My insurance company gave my attorney a subrogation letter in Nov. of 07. Before I cashed their check, I called them and asked who would they subrogate from, the at fault party or me? At that time they said the at fault party. Well, stupid me did not get it documented and now it is on me! |
NO stupid atty...first of all (and this is meant for your atty) DUH you idiot..there is NO WAY IN THE WORLD the at fault carrier would've allowed an open subro claim once you signed their release...AND what sense does it make that they sent YOUR atty a subro demand that was for the at fault carrier? ain't happen' brother...and your atty is the one that screwed this up! From the get go...#1 you should have never talked to the adjuster, nor should she/he have talked to you if your were represented...#2 your goof ball atty should've gotten this subro demand out of the way...with the at fault carrier 30days or so after HE got the demand!!!...dude, i'd be all over him if it was me...in fact may even file a complaint...this is b.s. and this has been going on now for two years?  And your atty hasn't taken care of this? AND you have to pay him 'extra' for this? oh man my blood pressure just hit the ceiling, (''honey i'm gonna need the ladder again" ) Do you still have a copy of that subro demand? And your attorneys response to it? | Quote: | | Although the person I talked to was not the adjuster assigned to my case. |
The who was it?
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