Articles Tagged with Subrogation

Tamme-MBerenson Injury Law resolved a broken nose and injured neck case for $205,000. The Fort Worth car accident happened in April of last year when a pickup truck rear ended a woman’s Mini Cooper.

She was rushed to the hospital and underwent nasal surgery several weeks later.

Some of her medical bills were paid by her health insurance, which creates a valuation problem when a personal injury lawyer is attempting to settle the claim or argue the case to a judge and jury. The total amount that can be awarded for medical bills is lessened by the “paid vs. incurred statute” and Escobedo decision from the Supreme Court.

blog-pic-of-car-on-top-of-coinsSubrogation Can Make Big Difference In Final Payment

If you have been in a car wreck, hopefully you have good health and automobile insurance policies. They can get your vehicle damage, medical bills, lost wages, and other expenses paid quickly before the other driver’s insurance company pays you money. But people are often angry to learn that they may have to pay this money back when they settle with the other driver’s insurance company or the jury returns a verdict. The concept is called subrogation and it can throw a wrench into a car accident settlement or recovery of money.

Subrogation is a long-standing equitable doctrine that allows insurance companies to recover money they have paid to someone else. In personal injury cases, a subrogation lien is asserted in two situations:

  • for medical bills paid by your health insurance company and
  • property damage and other claims paid by your auto insurance company.

Consider a typical wreck when you are crashed into by a driver who runs a red light. You tell the ambulance, hospital, and doctor that you are covered by an Aetna plan and hopefully they file your bills with your health insurance carrier and are paid. But your health insurance company can file a subrogation lien or the hospital can file a lien if certain legal requirements are met and not tell you.

Further, your automobile insurance company may also pay your property damage and assert its right to repayment from the at-fault driver.

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