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I was a passenger in an Uber ride, and there was an accident. I had medical treatment, paid with my medical insurance from work, and now they want to get a reimbursement (subrogation). This is totally understandable.

Now, the two car insurers (from Uber and the other car's) have agreed to pay for the expenses, but apparently they want to settle with me directly. So, I would have to take their money, and then transfer it to the medical insurer. Is that how these things work?

I am a bit surprised because apparently I should mediate between the different parties: the car insurers would give me money to pay the bills, and then I would transfer the money to cover the medical expenses (subrogation). Does it make sense at all?

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You have a contract with your employer's medical insurance, whereby they will cover your expenses from this accident; following the most likely terms of that agreement, you have to cooperate so that they can get money from the other involved parties (the drivers). Since the other drivers have insurance agreements as well, rather that your insurance company actually suing the drivers, they approach the other insurance companies, presenting a claim to them (which they will pay on behalf of their client). Of course, those insurance companies can reject the claim (for instance if they think that they are not liable for the damage), but that is risky because that (sort of) leaves your insurance company with no choice other than to sue the other drivers. If that happens, the drivers will in turn sue the insurance companies for breach of contract, and probably file a complaint with the state insurance commission which would not be good for the company.

To sum it up, this is between you and your insurance company, not you and their insurance company. If you "settle" with one or both of the other companies, that means you will have given away any legal leverage that your company would have over the other companies (the other guys give you money, you say "okay, I won't sue the customer", and you probably have breached your agreement with your own insurance, by releasing the other guy from liability). A first step would be to pass the buck to your insurance company – they may approve this plan (I can't imagine why, though), more likely they will not.

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  • I passed the buck to my medical insurer (to coordinate with the car insurers). Apparently, the main car insurer (the one that is supposed to cover most of the costs) is not willing to pay directly to them. That car insurer claims that he wants to settle with me directly... – Elabore Nov 28 '18 at 20:40
  • I assumed that my medical insurer had leverage to make car insurers pay (but apparently it doesn't...) – Elabore Nov 28 '18 at 20:41
  • This is where you may need to get an attorney to protect your rights: to be sure that your insurance isn't thereby avoiding a responsibility, that you serving as conduit will not cause you a later problem. Your attorney will focus on your insurance company, where is where you have leverage, and where you have the greatest risk of negotiating away a right. I.e., lawyer up. – user6726 Nov 28 '18 at 20:47

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