Auto Accident Personal Injury Claim Topics - The Virginia Car Accident Guide

Topics

As an example of the numerous topics covered in the book, the following excerpt is provided:

Will You have to Repay Your Health Insurance Company from Your Settlement?

You should know that if your medical bills were paid by health insurance of an employer’s health plan, the insurance company or plan may want you to reimburse it out of any personal injury settlement or verdict.

In essence, your “insurance” could turn out to be not insurance at all, but rather a “loan.”

The laws in some states, including Virginia, generally prohibit such claims by insurance companies, but insurers routinely attempt to make the claims anyway. (SHOCKER! Insurance companies trying to take advantage of you-AGAIN!)

This area of law, known as “reimbursement or subrogation” is actually quite complicated and is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). Your attorney must understand the implications of ERISA and the law of subrogation in order to maximize your recovery.

(I have handled scores of subrogation cases for insurance companies and successfully negotiated ERISA claims on behalf of my clients.)

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