Two women driving in their car on their way back from antique shopping were hit head on by an impaired driver. The crash occurred near Joplin, Missouri. The drunk driver did not have any insurance. As a result, both women made claims against their own respective insurance companies for an uninsured motorist claim. After receiving the policies and reading the language, it was determined that each of the women could make a claim against the other passenger’s uninsured motorist insurance as well. This was a result of the two women being related to one another and also living in the same household. This allowed each claimant to collect another $100,000. The first claimant was an elderly woman that was insured through Medicare and the medical bills were over $200,000. Attorney Aaron Smith was able to fight Medicare’s lien down which resulted in a nice size recovery for the plaintiff. The second claimant’s medical bills were approximately $80,000. These medical liens were also negotiated down in order to put more money in the claimant’s pocket. Often times, settling cases like this is only about half the battle. The other half is negotiating with the medical providers or insurance providers if there are any valid liens or subrogation rights. Often times, the medical providers and insurance companies will tell the patients or insured’s half truths in order to make a larger recovery for themselves. It is imperative that the claimant hire an attorney that is well acquainted with negotiating the liens. This case is an excellent example of why a competent attorney specializing in the area of personal injury benefits the clients. The laws surrounding liens and subrogation rights are constantly changing and being updated on a monthly basis.
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