Third Party Liability

[Jimbo925]

Is there any way around Third Party Liability? My son was in an accident (fractured femur) where the other party was at fault. Now my insurance carrier is sending me letters stating that any monies that I claim and collect from the other persons insurance for medical costs are theirs. Aren't my monthly premiums enough for them? Don't the premiums pay for my son's medical? If I claim and collect for car replacement, pain & suffering, lost wages will my insurance company want that too? How can my insurance claim these monies?


Thanks

 

[Antigone]

Is there any way around Third Party Liability? My son was in an accident (fractured femur) where the other party was at fault. Now my insurance carrier is sending me letters stating that any monies that I claim and collect from the other persons insurance for medical costs are theirs. Aren't my monthly premiums enough for them? Don't the premiums pay for my son's medical? If I claim and collect for car replacement, pain & suffering, lost wages will my insurance company want that too? How can my insurance claim these monies?


Thanks

They have every right to be made whole, just as you want to be made whole.

 

[fredrikklaw]

Claim P & S from 3rd party only!

Two possible ways you can approach this matter.

First, you can forgo claiming for the same medical expenses from the "other" deriver's insurance company as you have done from your own and just limit the claim to pain and suffering, lost wages, etc. which can be quite valuable.

Or, if you sue and receive both medical and pain and suffering damages from the defendant's insurance company, you can then negotiate with your own insurance company the amount of reimbursement from only the medical expenses portion of the award, but, for that you will need to have an actual attorney on hand as insurance companies will not, or tend not to negotiate with non-attorneys for obvious reasons.

So, no, you do not have to pay your own insurance company reimbursement if you claim from the other party for pain and suffering.

fredrikklaw

 

[PILawGirl]

You should contact a personal injury attorney who will be able to negotiate the subrogation claim your health insurance has. Trust me, it's worth it, I've gotten 30k liens negotiated down to 5k, it's all a case by case basis of course. If you're dealing with a 15k policy limit and they have a 30k lien, obviously giving them more than 2.5k of the settlement would be ridiculous. There is a simple equation that can be used.