My dad was hit in a serious motorcycle accident and the driver who hit him was deemed fully at fault. He had a long hospitalization with multiple surgeries lasting just over a month. He is likely going to be permanently disabled in terms of mobility and mildly in terms of cognition.
The personal injury attorney we are working with has allegedly gone through everything we could possibly get, but the woman who hit him had terrible coverages and no assets. They think the settlement (between both her and his insurances) will only be around $200k
Currently, medical claims are around $800k and more surgery/rehab is still required in the near future. He is covered under a health insurance policy, but the OOP max is $10k/yr and he will obviously meet that this year, along with next year as well.
BCBS started denying claims and forced us to complete their accident questionnaire. My question is how much should we expect them to come after? Is it a typically a percentage of the settlement?
Subrogation from motorcycle accident, >$800k in claims
byu/zubrowka1 inInsurance
Posted by zubrowka1
2 Comments
If you settle it on the basis of non-economic damage only, then they won’t be able to subrogate against the recovery. Your dad’s lawyer should know how to do this.
Blue Cross can only subrogate to the extent a judgment or settlement involves payment for economic damages.
This is a question for your attorney. There are strict state and federal rules regarding insurance lien subrogation for personal injury claims. It is a VERY complex subject area. Is the insurance an ERISA plan? Medicare? Private? There are specific rules for each, and again can be state contingent.
Sorry to hear about your father, and I wish him a speedy recovery, and wish you the best recovery in your settlement.