Legal Question in Personal Injury in North Carolina

Subrogation in Auto Accident settlement

I got rear-ended in an auto-accident which necessiated Medical treatment. I was on Short Term Disability Insurance (got 80% pay, covered by Short Term Diability insurance plan at work) for 2 weeks. I have accumulated medical bills with a Chiropractor and Orthopedist for my treatment. My Health Plan at work is BCBS-NC which covered part of the medical treatment bills. I have settled with the auto insurance company of the person who hit me. BCBS has sent me a quesionaire asking if my treatment was work related (Its NOT). My questions are:

1. Out of the settlement amount, am I liable to pay BCBS-NC the amount they paid towards my medical treatment?

2. Am I legally bound to disclose to them that I have received settlement from the other person's auto insurance? The questionaire that BCBS-NC has sent me contains questions about whether I met with accident and if I hired a attorney (The way it is structured - I can simply answer YES/NO if it is Work Related injury. If YES - I need to fill the rest of the details. If NO, I need not. However, though my answer is NO, most of the questions they asked are still relevant to my situation and hence my dilemma).

Thanks for your time!

-Kumar

Asked on 4/25/05, 11:31 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
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Re: Subrogation in Auto Accident settlement

It sounds as if the form will take care of itself. If you answer "no," then you do not need to complete the rest of it. It sounds as if the health care provider is trying to determine whether your treatment is covered by workers compensation. As for your other questions, as a general matter you do not need to notify your health insurer of the settlement, and they are not entitled to reimbursement out of your settlement proceeds.

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Answered on 4/26/05, 8:23 am

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