Is there a limit to how much of a malpractice settlement my medical insurer can take through subrogation?
My insurance paid about $ 50,000 as the result of malpractice. We have filed a suit. The lawyer is getting 1/3. Is it conceivable that if i settled for $ 75,000, and my lawyer takes 1/3, that I could have to give ALL of the $ 50,000 i have left back to my medical insurer? Or is there some percentage cap?
I've heard lawyer can negotiate a settlement with the medical insurer but I don't know how much that typically is.
And one other thing, as I've just learned about this clause.... why in the WORLD are insurers allowed to do this instead of being required to file their own suits to recoup their losses from the responsible party?
WRG
They can subrogate up to the amount they spent because of the malpractice.
This is allowed because they are the ones that have the financial loss at this point.
Think of it this way. Someone hits your car. The insurance company then pays to fix your car and you sue the individual for the damages as well. The only innocent party out any money would be the insurance company.
Orignal From: Insurance subrogation limits on malpractice settlement?
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