Apparently this is a growing practice in our corporate world. They call it "subrogation" and claim it is a way to save money for everyone who is part of the health plan. The Supreme Court upheld the practice, so companies go after every poor injured bastard they can. Certainly Wal-Mart needs the money. Actually, they didn't just want the money.
If a company pays out 500k in medical fees for an accident you are in, and then you sue the responsible party and get 500k under the guise of paying for medical costs, why are you entitled to the money?
If you don't want this to happen, don't use your insurance coverage when seeking care for an accident. The insurance companies hire companies to pour through their databases looking for potential accidents and send out questionnaires to nab them for double-dipping
What ? Isn't paying for your accident what the insurance is for ?
She won the other money for her continuing care that the insurance wasn't covering. It's not double dipping. It's called expenses.
Medical bills from an auto accident are supposed to be covered by the at-fault driver (and his/her insurance). They aren't supposed to be covered by your health insurance. If they are covered by your health insurance, you (and your insurance company) are essentially paying for what the other person did to you. If what that other person gives you only covers your medical bills, you didn't win enough from their insurance company.
the at-fault driver's insurance is only liable to the limits of the policy the driver buys, usually based on state minimums, iIn Tennessee it's zero.
In this case when the limit wasn't $400,000 the woman had two options, sue and/or hope that her group coverage from walmart covered emergency hospitalization. she would have had to sue the semi company for any medical costs over the liability limit. my personal liability limit for fucking someone up with my car is like $25,000.
sue she did and Walmart's insurance carrier, like a good greedy company, wanted a piece of the settlement, cause she had appropriate coverage for hospitalization.
jknowledge
I'm lost
February 2006
NOV 25, 2007 08:41 PM