Over the years, I’ve met with many folks injured in car wrecks. Many times they come to my office with an offer in hand from the liability insurance carrier, the company that insures the at-fault driver. They want to know should they accept the offer or hire an attorney. I almost always ask them if they accept the offer “who gets the money?” Most of the time they’ll tell me the liability insurance carrier says they will pay all of their medical bills, repay their own car insurance company for any medical payments, repay their own health insurance, and then they’ll get anything that’s left. The repayments to your car insurance company for medpay and to your health insurance company are commonly referred to as subrogation. I’ve been hired many times just to help people with their subrogation claims.
Subrogation is an area where most folks need a lawyer. Arkansas law treats different subrogation interests – medpay, non-ERISA health insurance, ERISA health insurance, etc. – very differently. McMath Woods prides itself on staying up to date on the latest changes in Arkansas subrogation law. If you have questions about whether a subrogation interest must be repaid under Arkansas law, feel free to give us a call.