subrogation

[Danny Graves]

What is the name of your state? TN

I have made an offer of a subrogation amount to my health care insurance. After some negotiation, their attorney and I agreed upon this amount. Their attorney said it was a fair agreement and forwarded it to the health care insurance headquarters for approval. It has been over a month and we still have not heard anything from them. Their attorney originally said they would respond in a couple of days.

The case cannot be settled until they agree to the amount they are going to require for subrogation of the health care expenses they paid on my behalf. So I can't get paid until they agree how much money they are going to take from me.

Is there any kind of law that prevents them from stalling any further. Why would they stall? If I send them a notice saying "If you don't respond within a certain amount of time, we will assume the offer is accepted and proceed with the settlement?", will it work?

 

[zappy]

NOW do you see the pitfalls in not having your own lawyer handle this?

Why should they give you money anyway?

Did you and their lawyer sign anything agreeing to this amount?

If not, then see above

 

[violetb]

I hope I am not overstating the obvious. Why don't you just call the health care people and ask what the hold up is? There should be a name of a person to call on the original letter that said the hospital insurance was going to subrogate.

 

[Danny Graves]

I can't bypass the insurance company's attorney and talk to his client. All hell would break loose if I did that! Their attorney says that they are just very slow to respond. I don't dispute that fact.

The frustrating thing is that I am trying to give them money! Of course, I have to give them their money in order to get my part.

 

[Danny Graves]

Hey Zappy,

They are not the ones that are reimbursing me for anything. I am reimbursing them for the medical payments they made on my behalf. They are holding up everybody's payment by being slow to respond. So if they want to get paid, they need to respond so the settlement can be completed.

I had an attorney in the beginning but he was an idiot so I fired him. He could not negotiate worth crap. He negotiated long enough to make his 33% big enough and then stopped trying. After I fired him, I negotiated more money from the defendent and less money to the subrogation jokers. Plus, I have one less attorney with his hand in my pocket. In summary, no, I don't see the pitfalls of not using an attorney.

I would suggest that most people handle their legal cases themselves in order to save money and be in control as much as possible. The roadblocks that I am experiencing would have been there whether I was using an attorney or not.