Legal Question in Insurance Law in Michigan

Can Medical Insurance Co. take my Settlement

My husband was rear ended in a car accident, as a result he had 2 back surgeries. Our auto insurance paid for the 1st surgery, then said the 2nd wasn't a result of the accident and refused to pay. We are suing them for lost wages, replacement services, attendant care and medical bills that they refused to pay (co-pays and medical equipment not covered by our medical insurance. After we settle, can our medical insurance take any of our settlement and if so how much? Can they take the money we receive as lost wages?


Asked on 1/18/04, 10:21 am

1 Answer from Attorneys
Gary Weingarden Gary D. Weingarden

Re: Can Medical Insurance Co. take my Settlement

1. After we settle, can our medical insurance take any of our settlement and if so how much?

You should discuss this issue with the lawyer who is representing you in the case against the insurance company. The issue you mention is called "subrogation," and it gets complicated.

2. Can they take the money we receive as lost wages?

Again, you should talk to the lawyer who is representing you. It is less likely that your wage-loss recovery can be set off in this way. However, your lawyer is the expert on your case. Ask the lawyer who is already helping you.

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Answered on 1/19/04, 9:29 am


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