The View 38002 January 2015 | Page 7

January 2015 38002.com theview theview Page 7 Adding Insult to Injury: Paying back health insurance after an accident By David Peel As an injury attorney, I often have to tell my clients so me shocking news: in cases where they recover medical bills from an at fault third party, they may have to pay back some of their proceeds to their health insurance company. It makes sense on paper. The health insurance didn’t cause the accident, yet they were saddled with the bills from the injuries. The term for this is called subrogation. This is an unusual word and it is one that is used in my office virtually every day. It matters because it reduces the recovery to my clients. However, the health insurance companies don’t do a great job of explaining that to you. So for instance, if you fall off your porch at home because you’re just being clumsy, you would not owe your health insurance company anything back because you would not have accident. companies to be paid back for recovered from a third-party. Often the amount is owed to the things that could not have had However, if you fall off the health insurance under the anything to do with an accident. In neighbor’s porch because he didn’t subrogation plan can be either fact, I once had a man who was hurt nail down his planks yet and didn’t waived or significantly reduced by in accident and the health insurance warn you about it, he essentially negotiation. Sometimes, that company wanted to be paid back for built a trap for you and may be discount is minimal, but often times, his wife’s Pap smear. So getting the liable for your injuries. In that case, it is significant. correct bills located and getting his homeowners insurance may It’s important to look at since it negotiations are often part of the very well cover all the medical bills affects the bottom line tax-free attorney’s services to the client. and pain/suffering for your injuries amount that goes to my So even if you don’t consider and you might owe your health client. Another issue that has to be yourself “the type who sues” when insurance back a portion of that looked at is what charges do the you’re in a serious accident, it is money health insurance relate to the worthwhile to have an injury lawyer What’s really sad is to hear about accident. I have actually received a on your side. people who settled their cases on request from health insurance their own, completely unaware of this obligation, and then get a bill from their health insurance for more than what they got in the settlement from the third-party. The only good Lakeland through March 3rd from Friday, January 30th news is you can’t be made to pay Senior Center 11 a.m. - 12 p.m. from 12 to 2 p.m. more than you recovered, but you could in certain circumstances be Lakeland Senior Center Living Well with Join Chad Cardwell, required to pay every penny you is located at 4527 Canada Chronic Conditions is an 8 LL.M. attorney with Road -week complimentary The Cardwell Firm and recovered. That’s why it’s important to get For a complete list of program presented by Lisa M a r k L o u d e r b a c k , advice early on in a serious Senior Center activities, And erto n, wellness Financial Advisor with visit www.lakelandtn.gov, d ir e ct o r wi t h t he Edward Jones for a Residents, Parks & Millington YMCA. Come Seminar on Estate Recreation, then click on learn to manage your Planning and Finance. “Just for Seniors.” health and have the energy Lunch will be served so The Senior Center will to do thing that matter please RSVP to 901-867now be OPEN five days a most. Topics to include 2 7 17 or ko d o m@ week (Monday-Friday diabetes, arthritis, cancer, lakelandtn.org. from 10 - 2 p.m.). chronic bronchitis, high January 19th, MLK blood pressure, etc. King, Jr. Holiday: Senior Spouses, family members Arlington Center & City Offices and caregivers are Senior Citizens CLOSED welcome. Please RSVP by calling 901-867-2717 or Center [email protected]. The Arlington Senior Living Well with Citizens Center is located Chronic Conditions at 6265 Chester St. For a Estate Planning Tuesda ys, January 13th complete list of Senior seniornotes Center activities, visit www.townof arlington.org and click on “Departments,” then “Senior Center.” Lunch and Learn Featuring Information on Estate Planning with Mark Louderback, Wednesday, January 21st @ 11:30 Day time Bingo Wednesday, January 28th @ 11:30 with Robin Pilcher from Elect Home Care. Morning Snack Included FREE Exercise Classes M-W-F @ 10:30