Car accident settlement and HMO share


Old 05-29-17, 08:53 PM
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Car accident settlement and HMO share

In 2015 I was involved in a motorcycle accident that was very bad and the other guy was finally found at fault. The other guy had state minimum which is 25k in Ohio and I was told thats going to get split 3 ways, my attorney my health insurance then me. I have a friend who is going to school for law that told me if we made one of the terms for the settlement to leave the "settlement open" then my health insurance wont be able to ask me for 1/3 of it. I have care source and they have paid for everything. The reason im trying to cut them out is because I lost me job and had to get a personal loan and sell my car to make ends meet and 8k is just not going to help me get back on track. Is there any truth to this? is there anything else I can do to keep them out of it? I read that in some states you can stop them from taking so much (cant remember what it was called" but what about Ohio.
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Old 05-29-17, 09:15 PM
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Sorry for your troubles.

I don't know the answer to your question but shouldn't your attorney know that ?
Old 05-30-17, 04:55 AM
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I agree that is a question best answered by your lawyer. My non professional opinion is the insurance company has the right to be reimbursed for what they spent.
Old 05-30-17, 11:26 PM
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I also agree that really is a question best answered by your lawyer. Typically from my own experience with helping my parents after a very serious car crash, in which thankfully they both survived, the automobile insurance is first to pay and then your primary health insurance. In an accident case your health insurance usually wants their money back if you sue the other party and win. However it isn't always the case as my mother has medicare and she sued the driver at fault and medicare never asked for money back. A commercial policy probably will want their money back though.
Old 06-01-17, 07:35 AM
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The reason I didnt want to ask that question to my attorney is because I didnt want to sound like an idiot. I did finally find out though that the settlements that can be left "open" are workers comp cases.
Old 06-01-17, 11:09 AM
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When someone is under-insured (state minimum) they may be liable for costs beyond that amount, like millions. That is why it is stupid to carry only the minimum.

As suggested, talk to your lawyer and see if further action might be worthwhile.


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