Insurance Settlement Subrogation

HI I WAS INVOLVED IN A CAR ACCIDENT TWO YEARS AGO IT WAS THE OTHER PERSONS FAULT 100% THE INSURANCE COMPANY ACCEPTED TOTAL LIABILITY.I DID RECIEVE A BACK INJURY IN THIS ACCIDENT.I HAD $4400.00 IN MEDICAL BILLS.I RECIEVED A LETTER FROM MY HEALTH INSURANCE COMPANY WANTING TO KNOW WHAT HAPPENED IT SAID SOMETHING ABOUT SUBROGATION.SO I GAVE IT TO MY LAWYER ABOUT 18 MONTHS AGO I DID NOT RESPOND TO THE LETTER OR SIGN ANYTHING I JUST GAVE IT TO HIM I HAVE NOT HEARD OR EVEN THOUGHT ABOUT IT SINCE.SO WE SETTLED THE CASE A COUPLE OF WEEKS AGO.FOR WHAT I THOUGHT WAS A LOW AMOUNT BUT WHAT CAN YOU DO.SO HE SAYS HE WILL TAKE 1/3 WHICH I EXPECTED.THEN HE SAYS THAT HE HAS TO CALL MY HEALTH INSURANCE COMPANY TO FIND OUT HOW MUCH I HAVE TO PAY BACK IN MEDICAL BILLS AND I SAID WHAT THE HECK ARE YOU TALKING ABOUT.HE SAYS HE CANNOT RELEASE THE MONEY UNTILL HE DOES THIS.I SAID WHY THE HECK SHOULD I HAVE TO PAY THEM BACK 1 CENT I DID NOT GET THE FULL SETTLEMENT I FELT I SHOULD HAVE GOTTEN.WHY SHOULD THEY GET REIMBURSED.ALL MY MEDICAL BILLS HAVE BEEN PAID. HE SAYS IT IS VERY COMMON TO DO THIS.I HVENT HEARD FROM MY HEALTH INSURANCE COMPANY SINCE I GOT THAT LETTER ALMOST TWO YEARS AGO.I WOULD JUST LIKE SOMEONE TO EXPLAIN TO ME IF THIS IS COMMON OR IS HE TRYING TO POCKET SOME OF MY MONEY.I TOLD HIM JUST TO GIVE ME THE MONEY AND I WOULD DEAL WITH IT IF IT EVER COME UP.ANY HELP WOULD BE GREAT THANK YPU

[JETX]

Simple Rule..... read the RED text at the top of the screen.....

I was also involved in a accident with no settelment at present. I was told from the get go i would have to settel up with the insurance company if i got a settelment. They later retracted it because I have a ppo and not a hmo. The lawyer said if it was a hmo they could make claim to my settelment. However they did not say they where legally obligated to notify the hmo but they where not clear on how it would be handled later if the managed care organization came after the money after it had been dispersed. I am from PA

[violetb]

My understanding is this is common practice when a lawyer is involved. He will negotiate with the health insurance to see if they will take a lower amount than was in the original letter to you. Some states do not allow insurance companies based in their state to do this. Virginia is one.. Even though you thought the settlement was low you should have taken the insurance subrogation into account when settling. Now , it is too late and you have to pay. Good luck.

[JETX]

BigJoe: Do you understand why you have NOT received a valid, factual response to your post yet??

[nailtech]

Please type in lower case letters

for one, in forums, typing all in upper case letters means your "Yelling",...

and two, it's hard on they eyes to read it...

I was in a major car accident many years ago. I was given my settlement which also was not what I expected since I was thrown from my car. I told the lawyer I would worry about the insurance company and they never billed me so I never paid them.

Joe, there are "ONLY" two reasons your attorney would be forced to take money out of "you're" settlement to pay this insurance agency! "If" the insurance company has filed a lein against you at the court house your attorney is required by law to satisfy the lein. "If" your attorney provided the insurance company with a (LOP) Letter Of Protection promising to take this money out of you're settlement at the time this case was settled then He can do so. OTHERWISE, it is NOT his responsibility to take "your" money and dispurse it to "anyone" that you havean "issue" with in regards to a supposed debit. Attorneys love to take several thousand dollars in bills and settle for pennys on the dollar and pocket the rest. BEWARE Joe, You need to DEMAND that this attorney allow"YOU" the opportunity to negotiate and resolve this matter independently. If he refuses to cooperate with you in this matter you may want to tell him that you are very troubled and feel it neccesary to contact the State board and request a formal investigation. You will be AMAZED at the cooperation! In effort to "appear" to be completely forth coming, yourattorney will then ask you to sign an affidavit stating that you agree to resolve this matter on your own. "NOW"...get you're money andRUN pal, "YOU" deserve it!

Hi thanks for your response do you think he would actually rip me off. wouldnt he have to give me a copy of the check that he would send to them.he said he would negotiate this for me but do you actually think i can negotiate this myself.it really ticks me off.that he is holding my money.how much should i expect to payback them the total amount of medical bills they paid was $4400.00 i have read that you can make an argument that i was not made whole by this.we did accept a quite low settlement offer.my back is no better now and i am looking at possible surgery. they are a risked based buisness i dont think its right that they should get a nickle from me.are they going to refund the premiums for me that i paid.he said he would do his best to negotiate these medical bills what should they get 20 cents on the dollar.$500.00 i dont think they should get anything.