Legal Question in Personal Injury in California
Slip and Fall-medical reimbersement
Settled claim for slip and fall, and signed a release. Our medical Insurance paid all medical bills and we only had to pay co-insurance out of pocket. Insurance company for the landowner where we fell, gave us immdeiatly money for co-insurance payment. All medical bills have been paid and we received settlement for future medical and pain and suffering. Now we are getting a questionaire from health insurance carrier, wanting to know if we have a claim with anybody and did we receive money from any claim?? What we need to know can they get money from us for medical bills they paid out from our settlement. No other health insurance involved except the one that paid all the bills. Not workmans comp. injury.
thanks
2 Answers from Attorneys
Re: Slip and Fall-medical reimbersement
Yes, they can collect from you. Had you attorney done his job right this extra money would have been included in the settlement.
Re: Slip and Fall-medical reimbersement
It sounds like you did not hire an attorney. If you
had he would have informed you that when medical
bills are paid by private insurance, bills that you are later compensated
for, your insurance is entitled to full reimbursement.
If you had hired an attorney he would have made sure
that your settlement covered all bills and pain and suffering.
When you hire an attorney the
health insurance companies are required to reduce
their suborgation claim by one-third in order
to account for the attorney's fees. Also, if you
had hired an attorney he probably would have also
reimbursed your insurance company and paid his
fee and put the same amount in your pocket as you have
now. You will need to fully reimburse your insurance
company and since you have signed a release you
cannot go back and ask for more money.
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