I was in a motorcycle accident where it was determined I had no fault. My medical bills were upwards of 400,000 dollars with pelvic surgery and knee surgery and nearly a month in the the hospital. My PIP was quickly exhausted. The at-fault party had only 25,000 dollars of insurance coverage and no assets. I had an attorney, but she dropped my case when she realized there simply was no money to fight for. Since I had no legal advice, I settled for limits with the at-fault party's insurance.
I have 25,000 dollars of UIM protection on my own insurance which I then requested. They agreed to give me the 25k limit as well as waive their subrogation for my PIP, however they said they cannot release the funds without my health insurance's waiving subrogation.
However, upon contacting my health insurance, they said they will take 10,000 of the 25 and that is the best they can do.
As far I as understand I was not made whole, my auto insurance recognizes I was not made whole. My insurance company has no claim to my meager settlement under the Made Whole Doctrine.
Unless, am I mistaken?
Sorry to hear about your accident. The answer to your question depends on whether your health insurance plan is subject to ERISA and the terms of your plan. It is a very complicated area of the law that you may need an attorney to help you navigate.
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