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In reply to the discussion: Aunt who sued her 12-year-old nephew says insurance rules forced her hand [View all]jberryhill
(62,444 posts)64. You didn't understand it five years ago, either
It was explained several times in the "tricycle runs down old lady" lawsuit thread, back in 2010
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4592436
It's common for insurance companies to be subrogated to the rights of their insured, and to "step into the shoes" of the insured for purposes of pursuing litigation. Here's how it works.
Suppose the elderly lady had insurance which covered her medical care which resulted from the accident. Let's say they paid out $150,000 for her resultant care. To the extent they make such payments, they likely own the right to stand in her shoes for purposes of seeking recompense of those dollars. They first make demand upon the insurer for the little girl's parents, and when that is turned down, they file suit in the lady's name, but they are the real party at interest. The elderly woman's health insurer could be pursuing this claim in her name, but for their benefit.
Or, suppose the real party at interest is the hospital. Imagine the hospital bill is huge, and her estate cannot pay. The estate makes a deal with the hospital whereby it assigns the rights of the estate to the hospital, and agrees to cooperate with the prosecution of the civil claim for damages against the child and her parents (and their insurer).
The result is a lawsuit in which the named parties are the little girl and the elderly lady, when in reality, it is a fight between two insurance companies over which side will pay the loss.
Insurance subrogation cases are common. Most of the time, no one except those involved in the suit know this about the case. It is typically forbidden to disclose to the jury such arrangements, because insurers want the jury thinking about the little girl or the elderly woman, not Allstate versus State Farm (names picked only for their high recognition and market penetration).
It's all driven by our crazy health care system.
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Aunt who sued her 12-year-old nephew says insurance rules forced her hand [View all]
jberryhill
Oct 2015
OP
Did they force her to complain in court about not being able to "hold the h'ors douevres plate?"
Warren DeMontague
Oct 2015
#1
Even liberals fall victim to the "frivolous out of control lawsuits" meme.
Hassin Bin Sober
Oct 2015
#2
No, the McDonalds coffee thing was totally different. Skin Grafts, 200 degree coffee & crotch burns
Warren DeMontague
Oct 2015
#30
So this case is about multiple surgeries, scars, pain and permanent consequences.
Hassin Bin Sober
Oct 2015
#33
It would appear that no matter what any of us here think, it took about 25 minutes for a jury to
Warren DeMontague
Oct 2015
#37
Right, but health insurance companies are hunting for denials if there is other insurance
jberryhill
Oct 2015
#60
The people defending the insurance companies are the people saying she.....
Hassin Bin Sober
Oct 2015
#25
So she wanted her own homeowners insurance company to cover an accident at another home?
muriel_volestrangler
Oct 2015
#14
Your OP: " it was the only way to get her homeowners insurance policy to pay"
muriel_volestrangler
Oct 2015
#22
There are previous threads, which have to assume there were multiple insurance companies involved
muriel_volestrangler
Oct 2015
#24
my mom & us were on welfare(Aid to Dependant Children & Families) in the early 70s
irisblue
Oct 2015
#50
Really? It was the kind of film that, while on the surface a romantic comedy-drama,
closeupready
Oct 2015
#61