According to SettlementCentral.com, an Internet resource for self-help injury, "Insurance company subrogation against your personal injury insurance settlement is the means by which YOUR OWN insurer gets paid back for monies advanced to you during the insurance claims process (i.e. payment of your medical bills or wage loss)". The best way to avoid such a settlement is to know the law and your options in the case of personal injury. The following article will detail steps on avoid health insurance subrogation settlements.
Instructions
1. Know the law for your jurisdiction. Some states do not allow subrogation, some states do. Some states allow a partial subrogation of health insurance costs. It is critical to know where your state lies in this spectrum. This will help you make a plan to avoid health insurance subrogation settlements.
2. Read the fine print of your insurance policy. Your insurance policy should detail whether it does or does not seek subrogation in the case of personal injury settlements. If you cannot find this information, ask. If you are not comfortable with this aspect of the policy, you can look for another provider that does not subrogate.
3. Find a legal adviser. If you are involved in a personal injury that necessitates high-cost medical care, lost wages and other damages, it may be in your best interest to contact a lawyer. Your lawyer should be well-versed on your jurisdiction's subrogation laws and can advise you as such. You can be sure the insurance company seeking subrogation will have lawyers on their side.
4. File a defense against proposed subrogation. If your insurance carrier files a lien against an award settlement, you may be able to file a motion to block the lien. The laws are state-specific, so contact a trusted legal adviser to learn more.
5. Do not use your insurance company in the case of a personal injury. If you know your state allows for subrogation, and your insurance company files liens against any personal injury settlements, you might want to consider whether to file a claim in the first case. Keep in mind you have already paid your premiums, which are supposed to cover medical and personal injury protection claims. By then refunding the insurance company you could actually come out financially worse off. It's a tough call to make, and legal advice would be beneficial.
Tags: personal injury, case personal, case personal injury, health insurance, insurance company, your insurance