health insurance

motorwasp · 07-03-2008, 04:20 PM

My health insurance paid my medical bills after a auto accident. After recovering the money from the other guys insurance, do I have to repay my health insurance company? Thanks

somarco · 07-04-2008, 06:05 AM

Your health carrier should have had subrogation rights against the at fault party's auto carrier. If the damages you collected were for medical claims, your health carrier may come back to you for payment if they are unable to seek reimbursement from the auto carrier.

You are not entitled to unjust enrichment.

indmedins · 07-07-2008, 12:33 AM

Well said Bob.

NewHealthStrategies · 07-07-2008, 11:15 PM

Hey..... where are all the folks that were beating up on WalMart for this very issue?

Thanks, Somarco..... you're a wise man!

TXINSURANCE · 07-07-2008, 11:19 PM

I bet this would all be handled without going through you, they know when they hand money to individuals it will not end up at its final destination.

The insurance companies will fight it out

seadevil · 07-08-2008, 12:39 AM

Originally Posted by NewHealthStrategies

Hey..... where are all the folks that were beating up on WalMart for this very issue?

Thanks, Somarco..... you're a wise man!

It's funny you mentioned this, I was thinking the same thing. I live just south of the town where all this was going on. To be perfectly honest I was in the minority of people who actually thought Wal Mart was legally within their right to request the funds.

As to what the family went through, I do feel empathy for them. Wife is seriously injured, Husband had to get a divorce, son was killed in Iraq and so on, then Wal Mart comes in an demand their monies.

The only reason Wal Mart backed down was all the negative publicity. The person who I really find at fault in all of this is the lawyer for the Shank family, he should have known, he should have informed the family and he should have not settled with the trucking company. Unfortunately the trucking company had limited insurance I think it was 1 mil, if they knew the wife would have needed more funds for her continued care, then they should have went after the deep pockets of Wal Mart. That is who the driver of the truck was delivering too. In the end, I think they knew that Wal Mart held any liability but we've all seen how juries work especially against the big bad corporations. Down side is that Wal Mart would have kept everything in legal limbo and it would have been years before the Shank's saw any money. So I guess they did what they had to do.

The only person who made out in this deal was the lawyer who got his 1/3.

somarco · 07-08-2008, 07:43 AM

InsureBlog: Right and Wrong

NewHealthStrategies · 07-09-2008, 08:56 PM

Originally Posted by seadevil

The only reason Wal Mart backed down was all the negative publicity.

The person who I really find at fault in all of this is the lawyer for the Shank family, he should have known, he should have informed the family and he should have not settled with the trucking company.

Unfortunately the trucking company had limited insurance
The only person who made out in this deal was the lawyer who got his 1/3.

The families attorney admitted in court that she wasn't "entitled" to the money.

I was perplexed by the rather large number of agents on this forum that actually were against WalMart in this.

The bottom-line is that TWO insurance companies paid the claim.... and for at least many insurance PROFESSIONALS on this forum... that was OK?!? (Somarco and his well written blog content as a perfect exception).

Go figure!

Where's that Messiah-Obama dude.... he'll fix it..... HOPE, HOPE is right around the corner..... that starts with "c" and that ryhyms with "P" and we all know what that stands for ?????