Legal Question in Personal Injury in New York

Insurance bad faith claim

My father's insurance company sent me for IME's that claim I am able to work.To make a long story short,I have a spinal fusion appointment in a couple of weeks.If my case settles before the 3 year period(more than likely,I will need to reimburse my insurance)can I go after the insurance company for the money that I had to pay from my case?


Asked on 7/22/06, 8:46 am

1 Answer from Attorneys

Thomas Reilly Learned, Reilly & Learned

Re: Insurance bad faith claim

The answer depends on what kind of accident you had. If it is automobile accident and you have no fault coverage, then all medical expenses up to $50,000 are covered and if you bought additional no fault coverage, the amount could be higher. If it is no fault you don't need to reimburse the insurance company unless they have spend over $50,000. Then it gets complicated.

If it is not an autombile accident then your health insurance company (private ) has an arguable right to be reimbused via subrogation. And that is complicated itself.

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Answered on 7/22/06, 2:14 pm


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