Video Transcript
Hello, it’s Bernard Nomberg with the Nomberg Law Firm here in Birmingham. I wanted to take a few minutes to talk with you about an intricate area of the law that most folks don’t understand but typically will be part of their claim. It’s called subrogation and I want to read to you a little bit.
Subrogation is the right of a third party – usually a health insurance company, a disability provider or an auto insurance company – to recover money paid to, or on behalf of an injured person, from the amount the injured person receives from the responsible party.
Meaning if you get into a car accident and you recover from the tortfeasor, the guy who caused your accident and caused your injuries, then Blue Cross, or whoever your health insurance company is, they typically will send what is called a subrogation notice. Meaning they’re asking to be reimbursed or to be paid back from the monies that you recover from the tortfeasor in this case.
Subrogation is based on equitable principles and consideration that an injured person should not recover twice for a single injury and that the insurer should be reimbursed for payments it has made. Most insurance contracts that you have will address this.
If you suffer personal injuries and receive medical care that’s paid by your health insurance company, they’ll often send a notice of subrogation. This could be in workers’ comp cases where the claim is denied or disputed, but you’ve had your health insurance company pay for it. We deal with it quite a bit and when it comes to actually reimbursing your provider for medical bills they’ve paid your attorney, we should be able to negotiate down the amounts that are owed.
If at any point in time you do receive a letter, whether you’re put on notice of the lien, immediately turn it over to your attorney. It’s not something we can hide from, it’s not something we can ignore. We really do have to address this. Each case is a little bit different and specific to that case so if it comes up in your situation, we’ll deal with it. But I just wanted to make you aware of what it is. If you have questions or concerns about that, of course you may reach us at the Nomberg Law Firm. (205) 930-6900 is our number. www.nomberglaw.com on the web. As well as Facebook and Twitter/X.
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Pursuant to Alabama law, subrogation is the right of a third party – usually a health insurance company – to recover money paid to or on behalf of an injured person from the amount the injured person receives from a responsible party. This is based on the principle that an injured person should not recover twice for a single injury and that the insurer should be reimbursed for payments it made by the wrongdoer. Most insurance contracts include claims for reimbursement. Subrogation claims are often found in personal injury claims and in workers’ compensation claims that are being disputed.
If you have any questions or concerns about this issue or other issues on the law, please call the Nomberg Law Firm at 205-930-6900.