If the settlement was for medical bills and pain & suffering, then the insurance company should be able to recover. Insurance is to make someone “whole” again, not profit. If the settlement isn’t designated for medical expenses, then he keeps it. That is a fair result, which isn’t being looked at.
One of our clients had a bad U/M claim. Rushed to the Emergency Room with concussions, fractured skull etc. They asked his wife if they had Medical Insurance and she pulled out the Blue Cross card. Initially, the bills were picked up and paid under the Health Insurance. Then, Blue Cross got the info on the Auto Carrier, found out it was an Uninsured Motorist claim and billed us for the expenses they paid out. We had no choice but to re-imburse them since it was U/M. We thought we could subrogate against the other party, but he had flown the state.
Make the lawyer jointly and severally liable for the ERISA claim and prorate the refund to the ERISA plan. If the client is now broke, the lawyer should pay the full amount out of his share of the settlement. His contingency should be based on the net recovery for his client.
Uninsured Motorists Coverage Has a Medical cap of $50000 or increased to $100000 for an additional premium. There is no clause in policy requiring Medical payments made under Cap be reimbursed.Or the Contrary Insured injured by an uninsured driver can Collect up to $100000 from his own auto insurer and not be required to reimburse his auto insurer for Medicall Expenses.PS Attorneys usually only charge one third of settlement.Arhur Paras Retired Broker
True Story Arthur. I had a sizable U/M claim about 8 years ago. The other guy ran a red light and T-boned me totaling my new car and sending me and the wife to the Emergency Room. The hospital asked about coverage and my wife showed them our Blue Cross card. They billed Blue Cross for the tests, MRI etc. Within about a week, Blue Cross was asking for re-imbursement of our Auto Carrier for their expense. Since it was an Auto claim, the carrier re-imbursed them under U/M BI. We then settled the claim. All told, about $85,000 for the car and medical.
Automobile Coverage provides Uninsured Coverage for $50000 or up to $100000 for the increased amount. There is no requirement in the Policy that Medical Bills paid by the Insurer be reimbursed from any Settlement.If the Inujured Insred has his own Medical Coverage they cannot be reimbursed twice.Any settlement Insured receives under his own policy for Personal Injures under the Uninsred Motorist Endorsement.Which has a cap of $100000 is Independent and no requirement for reimbursing Medical Bill.PS Attorneys Fees are usually one third of Settlement.Arthur Paras Retired Insurance Broker
The biggest issue I have with this whole case is that the lawyer ended up with 52.8% of the settlement.
If the settlement was for medical bills and pain & suffering, then the insurance company should be able to recover. Insurance is to make someone “whole” again, not profit. If the settlement isn’t designated for medical expenses, then he keeps it. That is a fair result, which isn’t being looked at.
One of our clients had a bad U/M claim. Rushed to the Emergency Room with concussions, fractured skull etc. They asked his wife if they had Medical Insurance and she pulled out the Blue Cross card. Initially, the bills were picked up and paid under the Health Insurance. Then, Blue Cross got the info on the Auto Carrier, found out it was an Uninsured Motorist claim and billed us for the expenses they paid out. We had no choice but to re-imburse them since it was U/M. We thought we could subrogate against the other party, but he had flown the state.
Jack, these cases shouldn’t result in double dipping. Lawyers will do anything to keep their proceeds. It will be interesting to see how they rule.
Make the lawyer jointly and severally liable for the ERISA claim and prorate the refund to the ERISA plan. If the client is now broke, the lawyer should pay the full amount out of his share of the settlement. His contingency should be based on the net recovery for his client.
Uninsured Motorists Coverage Has a Medical cap of $50000 or increased to $100000 for an additional premium. There is no clause in policy requiring Medical payments made under Cap be reimbursed.Or the Contrary Insured injured by an uninsured driver can Collect up to $100000 from his own auto insurer and not be required to reimburse his auto insurer for Medicall Expenses.PS Attorneys usually only charge one third of settlement.Arhur Paras Retired Broker
True Story Arthur. I had a sizable U/M claim about 8 years ago. The other guy ran a red light and T-boned me totaling my new car and sending me and the wife to the Emergency Room. The hospital asked about coverage and my wife showed them our Blue Cross card. They billed Blue Cross for the tests, MRI etc. Within about a week, Blue Cross was asking for re-imbursement of our Auto Carrier for their expense. Since it was an Auto claim, the carrier re-imbursed them under U/M BI. We then settled the claim. All told, about $85,000 for the car and medical.
Automobile Coverage provides Uninsured Coverage for $50000 or up to $100000 for the increased amount. There is no requirement in the Policy that Medical Bills paid by the Insurer be reimbursed from any Settlement.If the Inujured Insred has his own Medical Coverage they cannot be reimbursed twice.Any settlement Insured receives under his own policy for Personal Injures under the Uninsred Motorist Endorsement.Which has a cap of $100000 is Independent and no requirement for reimbursing Medical Bill.PS Attorneys Fees are usually one third of Settlement.Arthur Paras Retired Insurance Broker