Subrogation Claim Question
I recently 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, saying I share some responsibility. Since I live in Virginia, where contributory negligence laws apply, even 1% fault on my part could prevent me from receiving compensation. The other driver has already covered my repairs through court-ordered restitution.
Am I liable for my medical bills in this situation? Should I reach out to this third party, or should I let my lawyer handle it?
It sounds like you’re in a complicated situation. Since you’ve received a subrogation letter from a third party on behalf of your health insurance company, they are likely seeking reimbursement for the medical expenses they covered related to the accident. Here are a few points to consider:
Medical Bills: If your health insurance paid for your medical bills and the other driver is found not liable due to your partial fault (as per Virginia’s contributory negligence law), you could potentially be responsible for those bills. Keep in mind that subrogation means your health insurance is trying to recoup those costs, which means they may expect you to assist them in that process.
Contacting the Third Party: It may be best to leave communication with the third party to your lawyer, especially since you’re already working with legal representation. Your lawyer can provide guidance based on the specifics of your case and can negotiate on your behalf.
Coordination with Your Lawyer: Make sure to keep your lawyer informed about the subrogation letter. They can give you the best advice tailored to your situation and help you navigate any potential implications for your case.
Ultimately, consulting with your lawyer is essential, as they can clarify your responsibilities and help you determine the best course of action moving forward.