Settlement check made out to me and health insurance.?

Was in hospital for week from car accident and out of work longer. Person responsible had minimum coverages and doesnt even cover all of hospital stay or deductible. I work on commission and being out of work I lost a lot of money.
Their insurance finally settled but every dime is going to my health insurance for reimbursement. Being out of work I fell behind on my bills and could really use the money.
The settlement check is made out to me and my health insurance company, so I have to get them to endorse it. Is there a way to keep any of the money, negotiate or otherwise?
I already know that I can sue the other party, but I dont have the time and it's amazing he had any insurance to begin with, so it would be a waste of resources.

You can sort of negotiate at this time by not signing the check without some compromise with the insurance company. They do have the right to recover every cent they paid in your behalf, however they can, if the want, reduce some of their lien. My suggestion is speak to the adjuster at the insurance company. If you get nowhere or cannot reach a satisfactory compromise, speak to their supervisor, then manager and so on. I work as an adjuster and believe me, the squeaky wheel can sometimes get the grease. You don't have anything to lose, however do not drag this out too long as then the insurance company may be inclined take legal action if you do not sign the check. They may want you to sign first, you can at that point indicate you will not until some sort of settlement has been reached. You will have to be firm, get something in writing as once you sign the check, they have the money and may run with it.

Who settled..you or the insurance company?
Sounds liike you should have gotten an attorney anyways..they have a way of getting more from the insurance comapnies.
Otherwise you are now pretty well screwed..because the check belongs to the insurance company and not you.

What occured to you is a process called subrogation.

Subrogation is similar in effect to assignment, but unlike assignment, subrogation can occur without any agreement

In English... You were in an accident that resulted in a lost. You health insurance carrier covered the lost which was later determined to be the cause of third party liability. Since your health carrier paid when someone else was responsible they are eligible for recovery from the viable third party.

At this point, your remedies are limited as the settlements of the lien should have been a conversation prior to the carrier issuing you a check. There will be no incentive of the healthcare carrier to compromise their lien as the value of the case has already been established.

Since each jurisdiction will vary I would suggest reaching out to an attorney that has some experience in Subrogation & personal injury. There may be an angle to seek remedies from UIM (uninsured/underinsured motorist fund) coverages under your personal coverage. This is somewhat of a crusade however; the policy limits involved are worth the battle.

Yes, that's the way it works. Any reimbursement you get, goes to medical providers first. You're not going to be able to keep any of it. It's not a gegotiable thing.

Best thing, file under YOUR OWN policy for your lost income, and additional medical bills. If you have underinsured motorist coverage, this is what pays the rest of your medical bills and income loss.

If you DON'T have it, you're uninsured for it. Go call your agent TODAY, and add that coverage, so if this happens again, you're not uninsured AGAIN.

sue him

What the hell??? U have "no fault" medical benefits, including lost wages, under your own insurance. The other guy has minimum liability...min $200,000 depending on where u r.

Was this accident covered under workers compensation? If only one party was employed at the time of the accident, its a diff ballgame altogether. U can mail me direct if u like.

It sounds like your only course of action is to negotiate with the health insurance. You have a fair argument that by reimbursing them you would not be made whole.

Furthermore, you can not sue him. By settling with his insurance company you signed a release of all claims. This bars you from pursuing their insured any further. Plus you are right, can't squeeze blood from a turnip. Also getting a lawyer would have done no good. Policy limits are policy limits. They can't and won't pay more than the policy is worth.

If you have underinsured motorist coverage you need to file ASAP as you are likely in violation of your policy for settling without involving your company.

All in all you have a bad deal here. A free consult with an attorney to see if they can do something with the health insurance may not be a bad idea. Good luck!