lein against settlement

[dowop]

What is the name of your state?MS
I was rear ended and the party at fault was covered by GEICO. I was taken to the hospital via ambulance and x-rays were taken. The hospital mistakenly billed Medicare for the charges. The accident happened in August, 2004. I was recently informed by GEICO they cannot settle my claim until Medicare is re-imbursed and they are waiting on Medicare to determine how much Medicare has paid on this accident. I received a letter shortly after the accident, from Medicare, that stated I was the party, not GEICO, ultimately responsible for re-imbursment. Can GEICO postpone settlement based on claims paid by Medicare when I am the party that is ultimately responsible for re-imbursing Medicare?

 

[seniorjudge]

Yes, the carrier wants to make sure all the liens are paid off before you can get anything is left. That's what insurance is for, to help make you whole after an accident.

(No, I do not sell insurance!)

 

[dowop]

Senior, thanks for your reply.

As a result of the accident I sustained a torn rotator cuff and surgery will be required. Since the minimum liability coverage in my state, MS., is 10-20-10 it looks like I have no alternative but to hire an attorney, although I am not a "sue happy" person. The accident happened 5 months ago and have not even considered hiring an attorney until now, considering all the factors involved. I am assuming the other party only had minimum coverage and $10,000 would not even cover the costs of surgery.

I sincerely hate to go after the party at fault. She seems to be a person of character and has expressed sincere remorse. But at this point I am not in a position to assume the difference between the amount covered by insurance and the actual costs of the surgery. It is my understanding there is no way for me to determine how much liability coverage the other party had. Am I incorrect in assuming the party has only minimum liability coverage?

Thanks

 

[teflon_jones]

It is my understanding there is no way for me to determine how much liability coverage the other party had. Am I incorrect in assuming the party has only minimum liability coverage?

It's quite easy for you to find out. Have your insurance company contact theirs to work it out. And yes, you're incorrect for assuming this. Never assume! Always get the facts!

If their liability coverage doesn't cover it, you have two options:
1) Take them to court
2) If you have underinsured coverage on your policy, you can claim against this

Good luck!