WHEN YOUR ARE INVOLVED IN AN ACCIDENT AND YOU HAVE HEALTH INSURANCE, REMEMBER THESE THREE TIPS:
- Use your health insurance for all emergency care
- Retain an attorney immediately to handle subrogation and injuries claims
- Do not give any medical provider your auto insurance information.
When you have a personal injury claim after being involved in an accident, the at fault driver often has a limited auto insurance policy. Your health insurance will have more coverage and allows you to get the emergency care you need. Although they will have a subrogation lien, meaning they will get paid back, that amount will be at their negotiated rates instead of the entire bill. It often comes as a surprise to our clients that they need to pay back their health insurance company.
As a long time personal injury attorney in Henderson, Nevada, Laura Payne-Hunt, Esq. will address these claims on your behalf. The funds to pay back the health insurance company will come out of your settlement the same as if you paid those bills directly. However, it will be much less to pay back the subrogation lien than to pay the bills directly. In addition, there is the serious issue of collections. Your health insurance will pay them timely and is contractually bound to wait for repayment until your personal injury lawsuit is settled. The hospital will not wait until your personal injury lawsuit is settled and will demand payment in full within 30 days.
How the Subrogation Process Works
The term subrogation is often used in discussing personal injury settlements. Often, clients are not familiar with this term. Subrogation is commonly used as a synonym for reimbursement. However, they are actually contractually different. But for purposes of resolving your personal injury claim they act with the same outcome. Below I will summarize the process of subrogation as it affects personal injury claims that arise from your health insurance plan.
Notice of Subrogation Notice Letters
At the Law Offices Of Laura Payne-Hunt, as experience personal injury attorneys we advise our clients at their first visit if they obtained emergency room care that they will be receiving a letter from their health insurance company that will request details of the accident. We ask that our clients bring that letter or send that letter to us immediately. This is the health insurance companies attempt to deny your claim. They can seek reimbursement or have a subrogation claim on your recovery if you obtain one but they cannot deny your claim because it was an accident. However, they often will make the attempt.
Their initial letter will request additional information from you –the injured person. It is important that you provide that letter to your attorney immediately. At the Law Offices Of Laura Payne-Hunt, Esq. we contact the health insurance timely. We handle personal injury matters and respond to the health inaurance company’s letters. The Law Offices of Laura Payne-Hunt will advise the health insurance company that we will honor their subrogation lien, but that all claims need to be paid timely. We will work with the health inaurance company to timely respond to their requests for information so that our client is in complaince with the responsibitiles she has under the contract. Health insurance companies will often attempt to deny claims on the basis that the insured breached the contract by failing to provide requested information, forms and documentation to the inaurance company.
The initial letter from the health insurance company will usually point out provisions of your insurance policy that entitles them to be paid back out of your personal injury recovery. The policy will not have provisions that they do not have to pay at all based on a third party at fault. Often times, an automobile policy will not cover your medical bills and you could be stuck with additional bills that your insurance company did not pay. At the Law Offices Of Laura Payne-Hunt, Esq. we will make sure that your health insurance company honors the terms and conditions of their health insurance policy which is a contract with you and pay your claims timely.
Why do you have to worry about subrogation?
Whether you realize it or not, you are contractually bound on the subrogation claim by the very reason of having health insurance. The concept of subrogation is that health insurance companies do not believe they should have to pay for injuries that someone else is liable for and this is also part of Federal Law for some policies. A health insurance policy is a contract that clearly states that if a third-party injury pays for your medical bills, the health insurance company is entitled to receive reimbursement for those bills that they have already paid.
The health insurance company will attempt to assert that the at fault parties liability insurance policy is liable for your medical bills and expenses for your personal injury claim. That is why it is important to obtain counsel. At the Law Offices Of Laura Payne-Hunt, Esq. we have handled thousands of personal injury matters for over 15 years and are very experienced in handling the subrogation portion of your claim. It usually is contractually complex and not something that you want to navigate on your own. Failure to properly handle the subrogation claim in a personal injury accident can cost you money out of your pocket and possibly prevent you from obtaining a recovery at all.
Your lawyer will obtain a copy of your insurance policy
If you do not have a copy of your health insurance policy, the Law Offices Of Laura Payne-Hunt, Esq. will obtain a copy on your behalf. In the plan, the health insurance company’s reimbursement and subrogation rights will be identified. This is often difficult to find in a voluminous health insurance policy. It is important to understand what your rights are involving your health insurance company. It is also important that you understand the policy and Federal Law. This is why it is important to obtain counsel. At the law offices of Laura Payne-Hunt, Esq. we are experienced in subrogation matters under federal law and under state law. There have been certain circumstances where the policy fails to outline the right of subrogation or reimbursement and they are contractually prevented from seeking the same.
Do not let your health insurance company take advantage of you or put you in a situation where your bills are not paid and going to collections. Contact the Law Offices Of Laura Payne-Hunt, Esq. as soon as you have been involved in an auto injury accident and we can assist you with all of these contractual situations and make sure you get the medical care you need and deserve.
An Attorney Can Often Obtain a Reduction for Attorneys’ Fees
By retaining a Henderson Personal Injury Attorney to handle your case and the health plan does not state otherwise, your attorney can demand a reduction of the lien for the cost of attorney’s fees. Meaning that if the Henderson Personal Injury attorney charges a 33 percent fee, she would seek a 33 percent reduction in the reimbursement or subrogation claim.
If you have a question about your health insurance and claims from an auto accident, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 13 years. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. If you have been in any type of accident and have questions, please don’t hesitate to contact our Henderson and Las Vegas Accident injury offices today. At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.
At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices. The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.