Subrogation is the term describing a legal right held by the majority of health insurance carriers to legally pursue a third party that caused an insurance loss to the insured. Health insurance companies do this in order to recover the amount of the claim paid by the insurance carrier to the insured for the loss. Medicare and Medicaid will also attempt to recover paid claims for accident related treatment.
Subrogation is the recovery, from a third party, of medical expenses that were paid by a benefits plan. Subrogation typically pursues claims in areas of car insurance, workers compensation, property insurance, or by health insurance.
Can you negotiate subrogation?
Yes, subrogation interests pursued by a health insurance company for claims paid can be negotiated. Here at McKinney and Associates, we always attempt to maximize our clients’ recoveries and therefore, will attempt to negotiate subrogation interest sought by health insurance companies.
Can I ignore a subrogation notice?
No. Health insurance companies will seek to be reimbursed for claims paid for collision related treatment. If a recovery is awarded from a liable third party, they can file a lien with the Secretary of State. They can sue you for recover what they paid for. However, there are ways to negotiate the interest by requesting a reduction unless the injured party has not been made whole for all the damages.