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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 11256
Experience:  Attorney with significant personal injury experience
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I fell in the driveway of a groomer in Jan 2014 and

Customer Question

I fell in the driveway of a groomer in Jan 2014 and sustained a hip fracture. I settled a settlement of 12k with nearly 40% to the attorney. A group of witnesses claimed the area was well sanded and not slippery. My attorney advised me to settle and I didn. I just got the settlement. My medical insurance is now seeking information about the fall. Can they take the settlement from me? And when they asked about a third party carrier is that the owner of the property liability insurance?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Normally, health insurance policies contain a provision which entitles the health insurer to reimbursement for any medical expenses it pays on behalf of an insured who later recovers money form a third party for the injuries that necessitated the treatment. Otherwise, the insured essentially recovers twice for the same expenses--once from their health insurance company who pays the medical expenses initially, and a second time from the at-fault party who pays the claimant's medical expenses in settlement of the lawsuit.
So yes, most likely if your insurance company is now inquiring about the fall that is because they are going to seek reimbursement for what they paid on your behalf, and most likely they are entitled to such reimbursement.
The good news is that the amount of your insurance company's lien is subject to negotiation, and your attorney is responsible to handle this negotiation as part of their representation of you. If your settlement does not fully reimburse you for your injuries, you can argue that you should only have to reimburse your health insurance for a small portion of what they paid. Right off the bat, they will also usually deduct the amount by 1/3 if you have an attorney. It's their way of paying part of the attorney fee, since it is through the attorney's efforts in obtaining a settlement that they are getting reimbursed at all.
Finally, when they are asking about the "third party carrier," yes, they are asking about the property liability insurance.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 1 year ago.
Was I able to address your concerns? Please let me know if I can clarify anything for you...

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