ava2212 said:
What is the name of your state? PA
Can an insurance company subrogate for PIP payments against an uninsured driver in PA? If the insurer can subrogate, do they have a direct action right against the third party or do they have a lien on my recovery if I sue the third party?
1. Yes they can. And usually do.
2. They would subrogate f/ recovery of their medical bills they paid out. The insurance co. will try and get their money one way or the other. If you include meds in your lawsuit you may be taking away the right of your insurance co. to collect from the 3rd party directly. It's called double jeopardy. Your insurance co. may in turn come after you f/ 100% the meds if you are awarded judgement. In which case you would actually lose money b/c your atty gets 1/3 of the total settlement. That's if a judge would award you meds in the first place since you didn't pay them.
I personally wouldn't step on my insurance co.'s toes or you won't be able to get a policy anywhere. Sue f/ punitive damages and let your insuance co. collect the money f/ the medical bills paid out. After all it is their money, you didn't pay anything initially so you wouldn't be entitled to collect.
