Dealing With Insurance After a Fairfax Medical Malpractice Claim
The following is taken from an interview with a Fairfax medical malpractice lawyer as they discuss how you should interact with both your own insurance company and the insurance company of the defendant. To learn more call and schedule a consultation today.
Should You Tell Your Insurance Company If You’ve Been Injured in a Medical Malpractice Case?
That’s going to depend on your own contractual obligations and the type of insurance policy you’re asking about. You generally have an obligation contractually and you need to cooperate with your insurer to the extent that you can.
Now, this doesn’t mean if you are a medical malpractice victim that you need to call your car insurance company, but if you’re paying for healthcare costs with your health insurance, they’re likely entitled to know what happened. So it depends on where your insurance policy is issued, because most insurance policies in Virginia do not have a right to subrogation which is different than D.C. and Maryland, but it really does depend. There are some ERISA and federal insurance policies that do have a right to subrogation which is basically a right to stand in your shoes and pursue payment from the third party responsible for your injuries, but most Virginia policies do not have a right to reimbursement for cost that they’ve paid out for insurance claims, however it really does depend on each individual policy.
My advice would be to consult with your lawyer if you have questions, if you are concerned about your obligations, but typically if you’re billing your insurance company for payments, they are generally going to have a right of figure out what occasioned the need for the care that you’re receiving.
Should You Talk To The Opposing Parties Insurance?
You’re under no obligation to cooperate with the opposing party’s insurance. It’s usually less of an issue in medical malpractice cases than it is in automobile accident cases but it can still occur. In basically every automobile accident case the at-fault party’s insurance company is going to contact the injured person.
It’s not quite as common in medical malpractice cases, but it still can happen. You don’t owe anything to them, you’re not obligated to make a statement, you’re not obligated to sign a medical authorization. If you are represented by counsel, what you should do in most circumstances if you’re contacted by the defendant’s insurance company is to tell them that you have a lawyer, give them your lawyer’s information, and say nothing further.
What Should You Tell Them If They Attempt to Contact You?
If you do not have a lawyer and they keep trying to contact you, you can tell them that you’re in the process of seeking out legal representation, but the bottom line is that you’re not obligated to give them a statement, to sign a medical authorization, or to cooperate with them at all. There is never any reason to make a statement to the defendant’s insurance company and it’s not something they are entitled to obtain. They can and will use your statement against you, so it is best to refer them to your lawyer, and if you don’t have one, to refuse to talk to them and call a lawyer.