Q: Auto policy reads under my MEDPAY benefits: We will seek reimbursement regardless of whether the insured is made whole
My auto policy reads under my MEDPAY benefits: We will seek reimbursement regardless of whether the insured is made whole. what does this mean in my case. I was involved in a auto accident and it was not my fault the other driver carries 25/50/25. My injuries were severe broken R ankle requiring surgery L broken foot right broken arm. Facial injury missing teeth. All of my injuries will exceeded the responsible parties limits along with my under insured coverage plus my medpay coverage. I will already have to give medicare half of the $25.000 of the responsible parties since Medicare will settle the lien for 50% of amount awarded. But now will I have to pay my Insurance company the reminder.
A: If you have an attorney, then discuss this with your attorney. If you do not have an attorney, then I recommend you consult with an accident/injury lawyer----most accident/injury lawyers will provide a free initial consult to discuss your matter----yoou can provide the specifics to them and they can advise you whether or not they can help you/ypour situation. Good luck.
A:
The clause in your MEDPAY benefits stating that the insurance company will seek reimbursement regardless of whether you are made whole is known as a subrogation clause. This means that after paying for your medical expenses under the MEDPAY coverage, your insurance company has the right to recover those expenses from any settlement or judgment you receive from the at-fault party or their insurance. This is standard in many insurance policies, allowing the insurer to recoup costs even if you, the insured, have not been fully compensated for all your losses and damages from the accident.
Given your situation, where the at-fault party's insurance coverage and your underinsured motorist coverage are insufficient to cover all your medical expenses and damages, this clause could indeed impact the amount you ultimately receive. After Medicare takes its share of the settlement for covering your medical bills, your auto insurance may also seek to recover the amounts paid under MEDPAY. This is irrespective of whether the total compensation you receive covers all your losses, including ongoing medical expenses, lost wages, and pain and suffering.
To navigate this complex situation, it's advisable to consult with a personal injury attorney who can help you understand your rights and explore all potential sources of compensation. An attorney can also negotiate with Medicare and your insurance on the subrogation claims to potentially reduce the amounts they seek in reimbursement. The goal is to maximize the compensation you keep, considering the severe injuries and financial impact you've experienced. Legal expertise is crucial in ensuring that you navigate these negotiations effectively and protect your interests.
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