How am I collecting double? I paid a lot out of pocket and my settlement isn't anywhere near what some of you might think it is.
Insurance question for the lawyers out there
- Thread starter DzynKingRTR
- Start date
You want the insurance to pay you (your medical bills) for the person's negligence and you want the person to pay you for their negligence?
The main purpose of insurance is to keep one at the same place they were prior to a claim. Contrary to what many think it is not to make a profit and thereby increase everyone else's premiums. The insurance company is in business to make a profit and if the insured is taking all the profit guess who is out of business. Would you and your employer each bill a client for the same piece of work and expect payment ?
I believe there's a law in Alabama (I'd assume it's the same in Georgia) that if an insurance company pays out for you in an accident, and then you end up getting money from somewhere else related to the incident, your insurance company reserves the right to ask for the money they paid you back. It is in the contract, and your lawyer had even mentioned this possibility, so good luck.
If I was in the same place I was before the accident, I would have my left hand at full strength with no issues at all. I don’t. I am willing to bet everyone that works for this insurance company got a vacation last year. I didn’t. I spent a week and a half recovering from being hit by a car and another week recovering from surgery from being hit by a car. I bet the doctors, lawyers, the lady that hit me all got a vacation last year. Again I did not. I lost one year of my life with surgery, physical therapy, doctor visits, multiple MRIs. What if I Need a second surgery? Will they want that too? What if that exceeds the amount I got as a settlement? Will they want that? I might as well not have even had insurance because I would be in the exact same situation. Again the settlement was not millions, hell it wasn’t even 6 figures. The settlement was garbage because the person that hit me wasn’t rich and had lousy insurance. Apparently none of that matters. They just want their money.
Do you carry underinsured/uninsured coverage? Everyone should for cases like this. Your insurance company signed on to pay your med expenses. They did. They didn't sign on for you collect for those medical expenses twice. The company didn't sign on to make you whole and compensate you for an inadequate settlement...
That's why I'm sure you settled for more than your medical payments. You really need to speak with your lawyer to explain all of this.
I do carry underinsured/uninsured. I have filed a claim, so far they aren't offering much of anything. I seriously don't know why I even bothered getting a lawyer. If I had known all of this beforehand I wouldn't have bothered and just paid my out of pocket and went on with my life.
I am not an attorney but I was long ago a licensed health insurance salesman. I am guessing that they are doing this in view of a subrogation clause in your policy.
You're correct. It's in all policies. His claim became theirs, after they paid for it. We're wasting our time trying to get him to think logically about this. He's emotional because he came out on the short end and thinks the insurance company should help make his situation better, despite his agreement with them. JMO, but his attorney should have advised him that the insurance company would come after the reimbursement, not that they might, and that there was no effective way to fight the contract you've entered into...
Dyzn said his settle was for medical costs, pain and suffering and future medical expense. If his settlement is being entirely taken up by his medical costs, then the entire settlement was too low. Somebody messed up.
Is the insurance company taking out for the amount they actually paid or for the amounts the doctors and hospitals actually submitted.? Big difference between the two.
Is the insurance company taking out for the amount they actually paid or for the amounts the doctors and hospitals actually submitted.? Big difference between the two.
They can only take out what they actually paid. IOW, they can't turn a profit either. As far as the settlement, he's said that it was "blood from a turnip." I hope that's correct...
there is an appropriate kids in the hall skit for just about every conceivable situation that arises
I'm not saying anything about his attorney. I don't know the details nor do I want to. However, there have been a lot of complaints filed, particularly against the high-volume advertising firms, for pressuring for quick settlements. One of the sad byproducts of dependence on mass production and volume. Some of the mass-advertising firms have been in the past just clearinghouses. You sign with them and they turn around and "sell" the case to an independent attorney for a cut of the eventual settlement...
No offense intended to you, Earle, or any other lawyers in particular - as I know a couple personally whom I very much respect - but a perfect illustration of just how crooked the law industry is, as a whole, appears at the end of every lawyer's ad and is something like this: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
Even if it's true, lawyers have managed to make it illegal for lawyers to claim that they are better than anyone else at what they do.
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