You have been injured in a motorcycle accident through no fault of your own.
A motorcycle personal injury attorney was hired and has forced the insurance company to settle your claim in an amount that was much larger than they initially offered you. Great, you’ve won! You may have a long road to recovery left to travel, but in time you will be okay, because your motorcycle accident medical bills have been paid, and your bike is restored.
But then you get a notice from your health insurance company. They want you to pay them a substantial sum in order to reimburse them for the accident-related medical bills they paid on your behalf.
Adding insult to injury, is the relatively new concept of “Subrogation.” This is when your own health insurance company pays your medical bills, then after the case settles, they present a claim in an attempt to recover the money they have paid out, even though you have paid premiums for many years.
Needless to say experienced motorcycle personal injury attorneys don’t take kindly to these claims, and before even discussing any rights of reimbursement the company may have, we force them to prove to us that they even have such a right.
Normally this is done by forcing them to provide us with a complete copy of your health insurance policy along with proof of either self-funding or partial self-funding by your company along with proof of ERISA Qualification and/or HMO status.
Believe it or not many companies will claim they have a contractual right to be reimbursed for payout of a motorcycle accident claim. But when motorcycle personal injury attorneys challenge them to prove it, they fold up their tent and walk away! If you do not have a motorcycle attorney, you may be suckered into paying these subrogation claims.
I handle motorcycle accident cases in Pennsylvania and New Jersey for the plaintiff, which means I’m not considered a defense attorney. However, in these situations, I do act in my clients’ defense. It’s just another way I provide protection for my valued clients.
Call 888-292-5352 (888-cycle-law) to talk to The Cycle Attorney if you have any questions about the concept of subrogation.