After I got side swiped by an articulated lorry reversing out without a banksman (what a plonker!) my health insurer hopped in and paid for a wrist operation and physiotherapy. This totalled just over £6,000.
For reasons unknown, the lorry driver refused to admit liability, so we had to go to court. Shock, horror, I won, and the lorry driver’s insurer paid out £20,000. This was about six months ago. The problem I have is that the £20,000 award included £6,000 for my health insurer and they are now chasing me and threatening me with Court action as I haven’t paid them. I couldn’t believe the cheek of it.
I got hurt and I am insured. Why should I pay them back? To be honest, I thought they would never ask for it and I’ve spent it.
What should I do? I reckon a Judge will unlikely side with them as I’m the injured ‘underdog’ in all this.
Answer
It appears there may be more than one plonker in this matter…
Most health insurance policies allow the insurer to reclaim the money they pay out to treat injured people from a negligent third party, via their policy holder’s claim. It’s known as a ‘subrogated claim’.
So in your case, the lorry driver hurt you, your insurer paid out £6,000 for treatment to fix you, and you then recovered their ‘subrogated claim’. Guess what? It’s not your £6,000 as you never paid for it. As you legally brought a ‘subrogated claim’ for your health insurer and won, you owe them the money.
Whilst you could ignore the health insurer and hope it all goes away, I suspect it won’t and if it goes to Court you will lose. My advice is suck it up buttercup. Pay up.
Andrew Prendergast
More Bikes October 2021
