Subrogation

[sharris41823]

What is the name of your state? WA

I was in a car accident in October of 2004. It was a hit and run where the guy ran the red light and then took off. I was 7 months pregnant. I have had many problems with my back since. A year after the accident Allstate stopped paying for any medical care but luckily I found a chiropractor who saw me for awhile for free.

I have an attorney who has tried to settle the case. They have offered me $17,279. $10,000 of that is for Allstate's subrogation claim for medical expenses.

I am still in need of medical but cannot pay for it on my own. The atty says it is a soft tissue injury and that Allstate declines to pay any more than what is offered. I don't understand them taking $10,000 though. Isn't that point of having the insurance?


I have this check sitting here and I refuse to sign it or do anything with it because I think this a bunch of BS.

What can I do about this?

 

[HomeGuru]

What is the name of your state? WA

I was in a car accident in October of 2004. It was a hit and run where the guy ran the red light and then took off. I was 7 months pregnant. I have had many problems with my back since. A year after the accident Allstate stopped paying for any medical care but luckily I found a chiropractor who saw me for awhile for free.

I have an attorney who has tried to settle the case. They have offered me $17,279. $10,000 of that is for Allstate's subrogation claim for medical expenses.

I am still in need of medical but cannot pay for it on my own. The atty says it is a soft tissue injury and that Allstate declines to pay any more than what is offered. I don't understand them taking $10,000 though. Isn't that point of having the insurance?


I have this check sitting here and I refuse to sign it or do anything with it because I think this a bunch of BS.

What can I do about this?

**A: fire your attorney, hire another and sue Allstate. It's the usual insurance scam game they are playing you for.

 

[tranquility]

HomeGuru usually shows exceptional knowledge in his (As an English rule, I somehow think "her" for some reason.) posts. I'm unsure why this is considered a scam of some sort.

Allstate has probably paid some amount for your medical bills. ($10,000?) They have a right of subrogation in that they have a right to be compensated by the other party's fault for any money paid as the result of the accident. Not allowing this gives you a profit for your hurt rather than a compensation.

It is not unusual for people with soft tissue injury alone in a minor accident to overtreat the injury. The massage of a chiropractor feels good whether it is to treat the injury or to just feel good. It is very suspicious for a small accident with soft tissue injury person to be treated solely by chiropractic care. That is not to say *you* are scamming the insurance company, but it is to say many do in similar situations.

Talk to Allstate. Express your pain. See an orthopedic surgeon to confirm the need for further treatment. If there is not a settlement which you approve of, don't sign. But, you will need an attorney to get more as you will need to sue. And, there are not guarantees because juries are fairly suspicious of similar circumstances as well.

 

[moburkes]

Don't sue the insurance company. They didn't cause the accident, and they have no contract with you. Sue the person that caused the injuries.

 

[ecmst12]

If you have the check in your hand, then most likely you signed a paper releasing the at fault party from any further claims. They would not have issued the check if you had not. So you might as well cash it, nothing more you can do.

 

[ecmst12]

Also, re: overtreatment - I don't think it's odd for soft tissue auto injuries to be treated with chiro only. But I DO think it's odd for such injuries to be treated by chiro only for 3-4 YEARS, without any other, higher level treatments being sought. If conservative treatments (chiro/PT/meds) show no improvement after 3-6 MONTHS, the patient and treating providers should start ordering MRI's and looking further for the root of the problem. I wouldn't disagree with something looking funny in this particular case. But for typical minor whiplash type injury, a few months of chiro can be a perfectly acceptable (and effective) treatment.

 

[JIMinCA]

I'm surprised you got the check in your hand. Normally, the attorney would recieve the check and pay the lienholders (especially himself) before paying you.

Understand that Allstate has a lien on your settlement. If you do not pay them, they will sue you and win. Plus, they'll likely get attorney costs.

If you do not like the settlement, don't sign the check. Ask for more or simply go to court.

 

[ecmst12]

The check is probably from her lawyer for whatever her portion was after everyone was paid.