LEGAL GUIDE
Written by attorney Ronald Walter Kim | Jun 2, 2016

SUBROGATION

PERSONAL INJURY – SUBROGATION

Subrogation: Subrogation is the right for an insurer to pursue a third party that caused an insurance loss to the insured. This is done as a means of recovering the amount of the claim paid to the insured for the loss.

The majority of personal injury plaintiffs are taken by surprise (some are outright angry) when they discover that upon settlement of their claim for their injuries they have to reimburse their own insurance carrier for payment their medical bills. Whether it be medical payments made by your own automobile insurance carrier (known as Med-Pay), health insurance carrier (Blue Cross Blue Shield, Humana, CIGNA, etc.) or even if you are receiving Medicaid or Medicare that paid the benefits – if you recover any monies for your injuries these insurance carriers that paid for your medical treatment ARE entitled to be reimbursed and will be reimbursed before the injured party receives any monies. Of course, many people ask the question “why does my insurance have to pay these bills to begin with because my injuries were not MY fault”. See the party responsible for the injuries will only pay these bills as part of the final resolution of the claim. Well, these bills have to be paid as soon as possible after they are incurred or you personally risk them being turned over to a collection agency or even being sued for the monies. But fortunately, in the meantime, a plaintiff’s own health insurance will cover the cost of the medical treatment, but they must be reimbursed. We here at RON KIM LAW have years of experience in dealing with subrogation issues in a claim.

Each and every case has its own set of facts and circumstances and an experienced attorney knows how to approach and deal with these insurance companies to achieve results that the injured party will appreciate. It is our goal at RON KIM LAW to not leave any stone unturned and that all the proper parties have been reimbursed and that the client still receives enough money to be compensated for injuries.

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