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Josie I | Anybody know laws behind Subrogation? |
I recently settled a law suit and then came to find out my health insurance has a lien on me for a portion of the settlement. The company says they are entitled to this because of a Subrogation clause. I live in PA. They refused to pay most of my medical expenses and now they want a piece of the money. Its so not right! Do I have any recourse here? |
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sarah314
|
No, you don't have any recourse. Check your health insurance policy - I'm sure it has a subrogation clause written right into your contract.
If another party is liable for your medical expenses, then your health insurance is not liable for those expenses. They are entitled to recover whatever they paid out for any medical expenses that fall under your lawsuit.
Your attorney should have made you aware of this at the time you settled. (You did use an attorney for the settlement, correct?) Give him/her a call, and they can review the documents for you too. |
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mbrcatz
 |
It's contract law - it's actually written into your health insurance policy.
They are entitled to full reimbursement for every dime they paid towards your medical expenses.
You cannot collect twice, from two different parties (your health insurer, and the at fault party) for the same bill. That's called "double dipping" and is illegal.
Since you have a suit, you have an attorney, and they should be explaining this to you.
You have no recourse. |
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rcb26
|
Yes, you will owe it. I work for major company and get a subrogation report quarterly. A friend was just advised from her attorney she had to pay up. Recent court ruling involving Walmart and claim. Walmart won.
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KG Mom
 |
I'm guessing you had some type of accident? If so, I think you are stuck. In the small print of your health policy will be something regarding subrogation. What that means is if you are in accident (car, falling down at a store, etc) and there is another insurance company that is responsible for the claims, they are not liable for the bills. However, if you had not received any money and there wasn't another insurance company at fault, they would have paid the bills-eventually.
Sorry! |
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car253
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I don't think so. Check the health insurance policy. If you don't have one ask for a copy.
Call your Dept. of Insurance for help. Maybe you should not have settled if you were not happy with the outcome.
Repost your question under law or a different category. |
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