Visitor Question

Settling with health and short term disability insurance after payment?

Submitted By: Richard (Reno, NV)

On August 14, 2016 I was hit by an automobile while riding my bicycle. I was hospitalized for 14 days (ER, ICU and rehab).

I suffered an L-2 and L-3 fracture, broken ankle, dislocated shoulder, and many bruises and road rash (car was going 45-50 mph).

The driver’s insurance company has agreed to pay the policy limit of $15,000 and my underinsured insurance has also agreed to pay the limit $85,000 (I carry 100/300). My health insurance is paying for the hospital bills that are in access of $100,000, and my short term disability insurance has paid me over $8,500, which will probably grow to $15,000-$20,000.

My Ortho doctor has released me back to work (knowing I’m restricted to a TLSO – a back brace) and my Neurologist will ultimately be the one to allow me back to full time work. I’m 53 and my job is physical, however 23 years at the same job/company is what I know.

My question is, what is a fair percentage to divide the $100k between the health insurance, short term insurance, and my pain and suffering/future benefits? Any other information you can give would be helpful. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Richard,

Without knowing the specific arrangements you have already made with the insurance companies, it’s difficult to tell you the best way to apportion the compensation. You should be aware there is a substantial likelihood any monies paid in short term disability may have to be reimbursed from the proceeds of the other insurance policies.

It’s likely the compensation paid by your health insurance and short term disability can not be collectively negotiated. The negotiations for the amount of compensation will have to be negotiated separately with each insurance carrier, especially for amounts paid or to be paid for your pain and suffering.

Before agreeing to settle your claims you must consult with a personal injury attorney. The seriousness of your injuries demands at the very least a professional’s review. Not only is there apportionment compensation to be determined, but there are tax ramifications as well.

In most cases cases, compensation for pain and suffering is not taxable. However, other compensation may be taxable. It would be in your best interest not to sign any insurance documents or to endorse any insurance drafts or checks before seeking an attorney’s opinion.

Because most personal injury attorneys don’t charge for initial office consultations, you have nothing to lose, and everything to gain by seeking several opinions.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 10, 2016

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