Focusing on Insurance Claims for
Policyholders and Serious Personal Injury.

Subrogation: The Hidden Bandit

You purchased automobile insurance with medical coverage or you purchased health insurance. When you were injured in an accident that was someone else’s fault, you thought the insurer and health insurer would just pay your claims. The bad news is they are likely to request repayment of all or some of what they paid for you on your claims before you can recover a penny from whomever caused your injuries! So your premiums really purchased a loan.

Hidden in your policy (that’s the document you never read) is a clause which says that your automobile or health insurer has a right to be repaid all of the money it spent getting you better as a result of your injury. Further, they get paid by the at-fault party before you do. With heath insurance policies, the news is even worse. Some health insurers who are truly self-insured plans, have a right to be repaid 100% of the money they spent on your behalf. Other health insurers are subject to arguments that may cause them to reduce their claims. Automobile insurers are also subject to such arguments.

Automobile insurers attempt to avoid hardball negotiations with you or your lawyer by attempting to recover medical payments made on your behalf directly from the at-fault person’s insurer.

So what can you do? First, your lawyer can effectively negotiate and if necessary, litigate with your health insurance company and force them to accept an amount which is frequently less than 50% of what they paid on your behalf. This way you have the opportunity of recovering close to 100% of your medical bills, pay your lawyer, pay the insurer, and have some money left over.

Your knowledgeable lawyer can also force your automobile insurer to take a position which is more friendly to you and which puts more money in your pocket. This gets very complicated. In some instances, it requires litigation with the automobile insurer or at least, a separate hearing.

Back to Articles

bg-scrolling-top

What Clients Say About
The Frankl Law Firm, P.C.

I was very pleased and would recommend The Frankl Law Firm to anyone with an insurance matter.

– Marcia A.

As the HOA manager for a larger association with more than 160 units, I was happy with the job by The Frankl Law Firm concerning our claim for hail damage.

– Tom J.

Keith Frankl has done a good job for our customers.

-Josh W., Premier Roofing

Keith Frankl obtained a good decision in the Court of Appeals in the matter of

Chalet Townhome Association v. Philadelphia Indemnity Insurance Company.

El Toledo L. L.C. was pleased with the job of The Frankl Law Firm involving its dispute.

-Gary L.

Keith Frankl took my serious personal injury claim where the insurance company offered me nothing. We obtained a settlement of more than $300,000.

– Bob

Mr. and Mrs. Bliss, insurance adjusters, hired Keith Frankl in 2015 and were extremely pleased with his work.
Mr. Brown entrusted Keith Frankl with his claims for his shopping center and was happy with his work.
I was impressed with Keith Frankl and very satisfied with his work.

– Robert K., President, Holly Ridge Dev. HOA

Look at my video testimonial.

– Lance D., Managing Partner, Shaysav LLC

Look at our video testimonial.

– Carol and Ron V.

I would use Keith Frankl again and was happy and satisfied.

– Kelly S, CIG Construction company

I was very satisfied with the work. I have been a paralegal for many years. Mr. Frankl performed in a way that maximized my recovery.

– Renae M.

Mr. Rexrode received settlement of $350,000 from Allstate in addition to other settlements from Allstate involving approximately $265,000 and approximately $60,000, all in connection with the same accident and Allstate’s insurance coverage.

– Arthur R.

I would highly recommend these lawyers.

– Mike P.

I am happy to recommend these lawyers.

– Barbara O.

I was pleased with our result and my lawyer’s hard work. I will not give details because I settled under an agreement of confidentiality.

– Barbara R.

These lawyers obtained a $200,000 settlement from Farmers for me after they delayed my care for about 18 months.

– Celynda F.

I was very pleased and would recommend The Frankl Law Firm to anyone with an insurance matter.

– Marcia A.

As the HOA manager for a larger association with more than 160 units, I was happy with the job by The Frankl Law Firm concerning our claim for hail damage.

– Tom J.

bg-scrolling-bottom
attorney