Legal Question in Insurance Law in Virginia

Re: subrogation law in virginia

Whether you are obligated to repay health benefits depends on what's in your contract. Since you are a government employee, you are PROBABLY required to repay anything that the insurance company paid and that YOU RECOVER from the third party. You really need to have an experienced personal injury atty look at the contract, look at the claim, etc. Don't ignore it.. this is how the insurance company will "get you back:" --they will deny your next claim, even if it is valid. This is a "self help" remedy often employed by insurance companies.

Re: subrogation law in virginia

You should direct this question to the attorney, if any, who is representing you for this accident. If you think you might have a personal injury case, please see an attorney and take action before the legal time limit expires.

Basically, Anthem has laid out money because you were injured. They would do this no matter how you were injured or whose fault it was. A clause in the contract you signed with Anthem gives them the right to recoup your treatment costs from a responsible third party. This is, of course, a windfall for Anthem, but hey, you agreed to it. A lawyer can negotiate down the amount of Anthem's claim.

If you were injured in a situation where you could have filed a lawsuit against the insured other driver, but for some reason you didn't or you forgot, you might have to repay Anthem out of pocket for the cost of your medical care.

While in general you have a duty to cooperate with your insurer, I am not aware that anything bad or worse would happen to you if you don't fill out their forms.

Certainly I would not become offended that some telemarketer at some insurance company call center on the other side of the planet is describing you as "dishonest." Consider the source.

Re: subrogation law in virginia

This matter is somewhat unclear from the way you've described it. It's sounds as if a third party(Rawlings Co.?) may have purchased the right to sue to recoup costs which may have been paid in your behalf by your original insurer(Anthem Blue Cross?). If true, then this third party purchaser would be subrogated(meaning legally substituted) for Anthem with respect to the right to sue the one who may be responsible for your original injuries.

Whether you are legally required to provide information to this subrogee may depend upon what your insurance contract says in this regard(if anything, but, in any case, you may be well advised to have a lawyer review the relevant documents and facts in order to determine what you may be legally obligated to provide in terms of information to the subrogee.