Visit our website: true-and-associates.com Visit our blog for other interesting videos: recentwrecks.true-and-associates.com See if your wreck has already been analyzed by the law firm: recentwrecks.true-and-associates.com Subscribe to our YouTube Channel Follow on Twitter: @BurtTrue When you signed up for health insurance at work did they tell you that if you get a in auto wreck, you will have to pay your own medical expenses? Burt True, a lawyer with True & Associates, discusses insurance subrogation. Subrogation is when your health insurance plan claims they get paid back for the medical expenses they paid before you get paid for your injuries. Missouri (and other states) prohibit the assignment of personal-injury claims. In a recent case, Scroggins v. Red Lobster (2010), a woman agreed to a settlement with Red Lobster after she fell there. But, her employer, St. John's Hospital in Springfield, claimed that its health insurance plan gets paid back out of her settlement. The court said, "Missouri courts have never allowed a provider to be reimbursed for medical expenses that the insured recovers in a settlement from a liable third party under a lien theory, and we declined to do so now." But, your health insurance plan does not stop there. They want a way around state law. So they go to the feds. They get qualified under a federal law called ERISA. ERISA stands for Employee Retirement Income Security Act. Since federal law trumps state law, the health insurance plan ...
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