Hi everyone! Using a throwaway account, but was wondering if anybody had insight/advice for me about this situation I'm in. A few months ago, I was in a supermarket (large national chain- think Kroger, Whole Foods, etc.) and was injured in a slip-n-fall. The injuries weren't extensive, but resulted in an ER visit and 2-3 weeks of bed rest. After months of back and forth with the companies claims contractor, I was offered a settlement of $3,000. This would be a sufficient amount to cover my out of pocket costs and pain/suffering. However, before I sign the release, I am worried that my health insurance company will come after me for the settlement. They paid over $3,000 in medical bills, and research is telling me that they may have a claim on the settlement. The claims person said that it would only be reported on his end if I have medicare (I don't), but would not flat out say that my insurance company would not or cannot take it. He did say, though, that he is not aware of any liens on the settlement. I wanted to get a personal injury attorney, but each one that I contacted has told me the case is too small for them to deal with.
The one possible reason that the insurance company may not, is that the incident took place in NY. From what I've read, NY has an anti-subrogation law that would not allow the insurance company to take the settlement. Is this the case? Would I be able to keep the entire amount of the settlement? Also, does it matter if I am not a resident of NY, even though the incident took place there? Thanks in advance!
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posted: Oct. 20, 2016 @ 10:04a
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Senior Member - 2K
posted: Oct. 20, 2016 @ 10:54a
Wouldn't your insurance co have gone to the store's ins co to reimburse them for the medical payments? Why would your insurance co try to recoup the medical payments from your settlement when the settlement is for out of pocket exp, lost wages and pain/suffering etc?
Your medical provider will have a legal claim on any monies you receive from the insurer .On your settlement make sure you include full billing prices not just the amount you paid out of pocket.The settlement amount should be about three times your medical bills and your loss of wages .Remember you are just a number on a file that they want to close the cheapest way possible.The claims adjuster will want to settle and may not be honest with you ,it's their job.You should come up with a number based on three times your expenses or even higher ,then negotiate down from that.Should they not want to negotiate file a suit to collect monies.The costs to defend a small amount aren't worth it so they will settle.
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