Legal Question in Insurance Law in New York

Back in April I got assaulted, and as a result had to be brought to the hospital by ambulance and had to have a lot of tests done. As a result I couldn't work or even walk for two weeks.

Anyway, she plead guilty end of July, and is getting probation. Apparently I should be hearing from this probation officer soon.

Because of the medical bills, I will be receiving a check in the mail for around $6,000.

My question is, is this money technically mine to do with what I please? I already paid my hospital and ambulance copays, and I pay for my insurance every year. So my insurance did the job they are supposed (and I pay them) to do. Am I really supposed to send them the money to reimburse them? If I don't, will I get in trouble?

Thanks!


Asked on 9/06/13, 1:45 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

The insurance company is going to claim they are your subrogee. But unless they covered your whole loss, you can push back. Very complex area of the law. They may sue but you have defenses.

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Answered on 9/06/13, 9:41 pm


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