Received a subrogation letter from a third party representing my health insurance company. My car insurance determined that the other driver was at fault, but their insurance is disputing liability, claiming I’m partially responsible. Since I live in Virginia, which has a contributory negligence law, even a 1% fault determination could prevent me from receiving compensation. The other driver did pay for my repairs through court-ordered restitution.
Am I liable for the medical bills? Should I handle this communication with the third party myself, or should I let my lawyer take care of it?
It sounds like you’re in a complex situation. Here’s a breakdown of what you should consider:
Understanding Subrogation: Subrogation is when your health insurance company seeks reimbursement from the at-fault party or their insurance for medical expenses they’ve paid on your behalf. If they received a subrogation letter, it means they’re initiating this process.
Medical Bills: Since the other driver’s insurance is refusing to take full responsibility due to the contributory negligence law in Virginia, your health insurance might pursue you for those medical costs they’ve already covered. However, since the other driver was ordered to pay restitution for your car repairs, you may have a case to argue that they should also be responsible for your medical bills, even if you’re potentially found partially at fault.
Contacting the 3rd Party: Given the stakes involved (especially with potential liability for your medical bills), it’s usually wise to discuss any communication with the 3rd party with your lawyer. They can help you determine the best course of action and advise you on whether it’s necessary for you to respond or provide any information.
What to Do Next: If you haven’t already, make sure to discuss this subrogation letter with your lawyer. They can provide guidance specific to your situation and help you navigate the interactions with both your health insurance and the other driver’s insurance. Additionally, keep detailed records of all correspondence and documents related to your case.
Ultimately, your lawyer should be your primary resource for addressing the subrogation claim, especially since they are already involved in your case.