i was hit head on in ICU and hospital for 3 weeks and still in therapy this has been almost 4 months geico offered me the max of the policy holders liability coverage she had the bare min my hospital ills are 4 times her amount but so far blue cross has paid it all i have under and uninsured coverage as well on my policy i know i cant get more form the insurance since they offered the max unless i sue a 23 yr old who has nothing. i am more concerned with if i take the offer will blue cross ask me to give it to them as subrogation payments i look at this offer as pain and suffering.
Blue Cross will most certainly expect to be reimbursed at least a portion of what they paid. Also, prior to accepting, you will need to formally obtain permission from your automobile insurance company to accept the settlement. You should contact a personal injury attorney for the under-insured portion of your claim as you do not want it to be under-valued.
Prior to accepting any offer of settlement, you need to determine the actual subrogation or reimbursement language in your health insurance policy with Blue Cross Blue Shield and determine any set-offs or reductions that may apply. These are complicated issues and you ought to consider retaining an attorney to look at these issues. Nearly all personal injury lawyers will provide a free consultation to you. And, you will need to obtain your own auto insurance company's permission to settle FIRST, before you settle, to make sure you do not prejudice your right to claim underinsured motorist bodily injury (UIMBI) coverage.
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