Will health insurance sue if I don't sue for injuries?

Question

My son was in car accident two years ago, and attorneys will not take the case because it’s too close to two years. My question wills the health insurance sue him for not filing suite. To recover cost of injuries.

Erven Nelson · Answer

If two years had not yet elapsed, get an attorney to file a lawsuit immediately so long as your son was not at fault. I doubt that the health insurance would sue him.

Loren Lambert · Answer

Unless it is a governmental entity that caused the accident, the statute of limitation is four years not two. No the health insurance company cannot sue.

Ronald A. Steinberg · Answer

Probably not, but I would still look for a lawyer.

Alexander Gilburg · Answer

Keep looking for an attorney who will file the lawsuit before the statute of limitations runs out.  Alternatively, file the lawsuit yourself to preserve your son's rights.  Further, if your son is a minor, you have 2 years from his 18th birthday to file the lawsuit.

Glen Shearer · Answer

No, he has a duty to cooperate with them if they decide to file though.

Thomas Edward Gates · Answer

No, your insurance company will take the steps to recover their expenses.

Marc Lazarus · Answer

I am not aware of any statute or health insurance policy that contains language that forces an insured under to sue a third party. On the other hand, if the insured does sue a third party, and does recover damages, in a case where the health insurance has made a payment, then the health insurance carrier will be asking for reimbursement for some or all of what it paid. These reimbursement claims can be dealt with by a good personal injury attorney who knows this area of law. You should continue your efforts to seek an attorney right away before the statute of limitations expires as well as seek assistance to file a lawsuit to protect the statute of limitations, if necessary.

James Kelaher · Answer

No, but the statute of limitations is four years. Go find an attorney who knows what they are doing.

James Eugene Hasser · Answer

No. The insurance company's right to get their money back only exists if your son files a claim or suit. He has no obligation to file, though.

J. Michael End · Answer

The statute of limitations for personal injury cases in Wisconsin is three years, not two years.  Your son's health insurer cannot force your son to file a lawsuit and has no recourse against your son if he chooses not to file a case.

Paul Whitfield · Answer

There is a 3 year statute of limitations in North Carolina. So if lawyers are turning you down it is because they don't think you have a case. has nothing to do with 2 years anything. if you have 1st party insurance they owe you the obligation to pay whatever the policy calls for. They will not sue your son but if your son sues they may want to get some of their money back (subrogation they call it)

Jill K. Whitbeck · Answer

No.  If the health insurer wants their money back, they can file their  own  suit.  You only have to reimburse the health insurer if you actually   receive money.

Donald Singleton · Answer

If your son was a minor at the time of his accident the statute instead until he reaches the age of majority. And no, the health insurance provider will not sue on his behalf.   Hope this helps.

Georges Shers · Answer

No, they will not sue him, but tell them what the status is so they cannot hound you. While attorneys do not like to take cases just before the statute of limitations runs, they will do so if they think the case will bring a fair amount of money. Also, if your son is a minor then the statute does not start to run until he has a guardian ad litem appointed or reaches the age of majority (18). Look for other attorneys and if necessary you can file suit yourself using the Court form civil complaint.

Brian Goldman · Answer

Your health insurance policy most likely has a clause in it which entitles the company to reimbursement for monies it has paid for your medical treatment. However, they're only entitled to reimbursement from you if you settle your case and receive monetary damages. If you don't sue, then they have no entitlement to repayment from you.

Gregory Janks · Answer

This doesn't sound like a Michigan law question as the statute of  limitations for suing for pain and suffering in an auto crash is 3  years, not 2. Further, if you son is a minor, he has until 1 year after  his age of majority to sue in Michigan (which would be his 19th birthday  as the age of majority is presently statutorily set @ 18).       Also all medical bills in a Michigan car crash would more than  likely be paid by the household auto insurer vs. a medical insurer -  excepting if you purchased coordinated medical benefits from your auto  insurer. However, it is unlikely there is any policy provision in any  medical insurance policy that does cover the medical expenses on a  primary basis that states that the injured person MUST sue to try to  recover the medical benefits paid - of course the way to find out is to  read the policy. I also doubt the health insurer has a clause that says  they can sue a covered insured to recoup benefits they've paid, but  again, read the policy.

Kevin Pate · Answer

You raise several points that are not easily addressed without additional information. If you are in OK, you are welcome to contact me.

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Will health insurance sue if I don't sue for injuries?

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