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Why does Humana want to get paid with my settlement money?

Manakin Sabot, VA |

I was involved in a car accident in a car that I owned, that my father was driving. We both have Geico insurance, Geico on his part offered me a settlement for car loss, medical bills, pain&suffering. After the settlement was offered, a letter was sent to me stating the amount, and that I was required to pay hospital bills from that amount, which I signed. Now, Humana has contacted Geico asking for their part of the settlement for money that they spent on my injuries. I never received information about money that they had spent or that I owed. Had I known that they were owed money, I would have added that amount to my settlement. Is there anything that I can do? Why are they asking to be paid? Isn't that what an insurance company is supposed to do? Pay for injuries incurred?

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Attorney answers 2


I will bet anything you executed a settlement agreement without conferring with a lawyer, so now you are stuck with what you did. In some states there is a collateral rule which prevents private insurers from attaching liens on to accident settlements. In other states they can do it. Some medical providers are also allowed to attach liens pursuant to statutes in the state code. You need to find out if Humana is allowed to do it in your state. Do you know what the collateral rule is in VA? You need to find out. Also did Geico refuse to pay for medical treatment associated with your accident which was then performed by Humana? If you had had an attorney they would have been fighting to have GEICO pay these bills. You might have a defense in that you never got the bills, but if you knowingly accepted treatment that defense will be weak.


For many years Virginia law prohibited the introduction of collateral sources for payment of medical expenses in a litigation matter [ Burks v Webb, 199 Va 296, 99 SE 2d 629 (1957) ] but now that you have reviewed and signed the letter from Humana saying you agreed to pay hospital bills from the proceeds of the settlement amount you have a whole other type of situation. Whether the ruling from 1957 applies or is still accurate will take some legal research. I know this sounds like the Monday morning quarterback, but signing a legal document without the advise of counsel is never advised and is rarely a sound way to proceed. I agree with Mr. Sarno wholeheartedly in that regard.

You absolutely should consider to contact a lawyer. The questions you raise will require hours and hours of legal research along with a full understanding of many facts which your post does not address.

See if your local bar association can provide some suggestions, or check this website for Virginia lawyers that might be willing to take your case and establish an attorney client relationship with you.

Good luck and I hope this observation and Mr. Sarno's observations helps you some.

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