North Carolina  |  Personal Injury

Legal Question

Asked on: 7/23/06, 10:45 pm

Medical Insurance Subrogation rights (cont.)

Specifics on earlier question about Medical Insurance Subrogation rights.

Hit head on by a driver that entered my lane. Suffered a broken leg that required surgery, hairline crack in knee of other leg, hairline crack in vertebrae, lacerated liver and was 6 months pregnant at the time. The other driver had a suspended license and no insurance. I was immobile for 4 months. My spouse had to carry me around, pull me up the stairs in a sheet or get neighbors or friends to help. The baby was born a month early and I had to deliver while still in a cast. I could not carry my baby around nor care for the baby alone for almost 1 months.

Medical bills $60K in addition to other expenses and lost wages. The UnI motorist policy is $50K. My medical insurance co. (has subrogation rights per the policy) placed a lien on any proceeds from this policy. This does not seem to be the intent of the law. An attorney will only take more of any settlement. What should I do? I would just as well not accept a settlement than to perpetuate this unscrupulous action and ill intended laws. Can I do this and not have the insurance co. take action anyway? Are there some legal ethics/guidelines that help control this type of thing?

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