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Auto Insurance Claims/post settlement claims

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Expert: - 11/13/2010


Question
I was in an accident nearly 3 years ago and after a year
accepted a settlement with the insurance company of the
party at fault.  Now the heath insurance provider I had at
the time is seeking repayment of the claims the medical
insurance covered.  Am I responsible for these if they did
not seek a claim from the other parties insurance?

Answer
Once you signed a settlement release, you released the other party  and the liability insurer from any additional liability.  The only scenario in which the liability insurer might owe something additional, would be if the health insurer had placed them on notice in writing of a lien for the health insurance payments, and only if they did this before the settlement occurred.

If this did not occur, the liability insurer will not pay anything additional.

As to whether you owe the health insurer, this will depend on the contract you have with them and the laws of your state.  I'm not really qualified to answer this as my expertise in in auto insurance.  But if the statute of limitations in your state has expired, then you might have a good argument against paying.  I would fight this if I were you, as they should not have waited this long.  You should call the state department of insurance and get a consumer advocate to assist you.  Depending on the amount of money at stake, it might be worth hiring an attorney.

Auto Insurance Claims

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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