How Does Subrogation Affect Injury Claims After Car Accidents?

Jul 07, 2015 Car Accidents    Uncategorized

Posted by: Kisling, Nestico & Redick, LLC

When an Ohio resident is injured in an accident, the medical bills related to the injuries are submitted to his or her insurer. In most cases, insurance companies will pay for the medical expenses that resulted from car accidents. However, any person who was injured due to the negligence of another party may choose to file a personal injury claim in a civil court. When such a claim is successful, a subrogation claim may arise.

The main aspect in this instance is that monies already paid by the insurance company in terms of injuries suffered must be reimbursed should the claim against the third party be successful. The idea behind this is that an injured party must only recover the actual damages suffered and not profit from the accident. It is vital for an injured party to inform the relevant first-party carrier of his or her decision to file a personal injury claim through an attorney.

Subrogation claims will commonly involve health care providers, such as Medicare, Medicaid or medical payments made by a personal auto policy. Should the injured victim have private health insurance, it would be wise to ask the attorney involved to review the plan’s language to determine if the company has subrogation rights. As in the case of car accident claims, workers’ compensation also allows for subrogation claims. Once again, a worker cannot be paid more than once for medical expenses or lost wages.

Ohio victims of car accidents who are not familiar with the complications that can be present in subrogation issues may benefit from consulting with experienced car accident attorneys. Although an insurance company’s settlement offer may be tempting, it is important to work with a lawyer before settling. An attorney will provide advice about the effect subrogation can have on potential settlements or verdicts.

Source: ipe.nbi-sems.com, “Top 10 Tips for Preventing Subrogation Issues & Handling Subrogation Claims“, April S. Wynn-Buchanan, Accessed on June 19, 2015