by Guest » Wed Jan 21, 2009 04:15 pm
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?
Posted: Sat Jan 24, 2009 06:04 am Post Subject:
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!!!
Posted: Sat Jan 24, 2009 12:18 pm Post Subject:
My attorney said VA. law should apply because the accident occured in VA,
that would be my inital thought as wellbut 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?Posted: Sat Jan 24, 2009 05:08 pm Post Subject:
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.
Posted: Sat Jan 24, 2009 05:52 pm Post Subject:
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? :roll: 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" :wink: ) Do you still have a copy of that subro demand? And your attorneys response to it?Although the person I talked to was not the adjuster assigned to my case.
The who was it?Posted: Sun Jan 25, 2009 07:04 am Post Subject:
Yes, I still have a copy of the letter. It was short and sweet! It replied Progressive would pay the amount, but as previously advised to my atty. they would proceed with subrogation. Yep, 2 yrs. but I haven't talked to my atty during that time either. When i picked up my settlement check he give me the progressive medpay check also! At this time he advised me to put the progressive ins. check into a CD to draw interest in case progressive did file a collection. I don't know what his response was about the subrogation. I talked to someone at the adjusters office because my adjuster was not in.
Posted: Mon Jan 26, 2009 01:44 pm Post Subject:
It was short and sweet! It replied Progressive would pay the amount, but as previously advised to my atty. they would proceed with subrogation.
well then they (ins company) did what they were supposed to do put your atty on notice they were going to be wanting their money back! that's pretty simple, and did your atty ever answer that demand? in writing?When i picked up my settlement check he give me the progressive medpay check also! At this time he advised me to put the progressive ins. check into a CD to draw interest in case progressive did file a collection.
Well did ya? sounds like he knew you were going to required to repay this...did he not cc you on every letter he sent re: your case? Get a copy of the letter he sent in response to the carriers letter...now was this letter sent to you or your atty or both? And how long agoPosted: Mon Jan 26, 2009 02:11 pm Post Subject:
I believe he spoke to my adjuster on the phone. I don't believe he answered the sub. letter except with a phone call. The sub. letter was only sent to my atty.
Posted: Tue Jan 27, 2009 01:43 am Post Subject:
I believe he spoke to my adjuster on the phone. I don't believe he answered the sub. letter except with a phone call. The sub. letter was only sent to my atty.
All the better!!! ask him if he can spell, ''LEGAL MALPRACTICE" and this jerk is wanting to charge you 22% of 5k? are you kidding me? What did he say to you when he got the letter...??????? this is such b.s. on the atty's part...i can't even believe this...there is no way he should not have handled this, AND since you were his client for this entire injury, AND the letter was addressed to him, (as it should've been since your were rep'd)..he should've handled it during the case...buddy you need to rip that atty a new one, AFTER you get copies of EVERY shred of paper in your file..Add your comment