Should I bother with a small injury claim if the insurance company will pursue subrogation?
Question Details: While shopping at a home improvement chain, a 65-lb box of tile fell on my toe, crushing the bone. I have out of pocket medical expenses, missed-time work, etc. As I was procuring medical invoices I asked my health insurer for copies of bills. Of course, now they have opened up a subrogation process. All in all, the total gross medical expenses are around $4,000 my personal medical out-of-pocket is around $1,500. My legal claim to the store is to cover my own personal out-of-pocket medical expenses, time lost from work, and pain and suffering. However, even though I'm asking for an appropriate settlement specific to my burden, could the insurance company still sue me for what I get from the store, that is rightfully my portion of repayment for this accident? Thus, is this lawsuit even worth my time to try to settle? I think the insurer should file their own claim against the store separate from me but I'm not in the legal field, so that's why I'm asking for your thoughts today.
There is no reason to not sue in small claims court for the money. The insurer cannot seek from you any monies you recover so long as those amounts are documentably only for your own out-of-pocket payments, since they did not pay those amounts and thus have no claim for them. If you end up receiving more than your out-of-pocket costs and the insurer failed to pursue subrogation against the store and they become aware of your settlement or judgment, then they could potentially seek any amounts over your out-of-pocket reimbursement from your settlement or award, but you'd still have your out-of-pocket recovery.