Solicitor undertaking to Insurance Company

Ashashi

A quick query,

In relation to Injuries Board claims, an insurance company requires that you pay out for the expenses they paid out in relation to medical expenses covered by your insurance. They say that if you have legal representation, your solicitor must make an undertaking to repay the expenses covered by the insurance company.

I am just wondering, is this just the insurance companies ensuring that people do not benefit from insurance contracts and secondly, if a claimant gives an undertaking, through their solicitor, that they won't claim for the expenses through PIAB, will that have the same effect as an undertaking saying that they will pay the insurance company back? Any answers are greatly appreciated. I did some research on such undertakings because I found them quite odd and the latest protocol by the Law Society on their website is restricted to members only.

Mr. Incognito

Its quite simple. If you get insurance to pay for medical expenses you pay them back from the proceeds, if any. Otherwise you get paid twice.

You can argue that is what insurance is for and tough but it takes account of insurance monies received by a claimant

Ashashi

So would you suspect an insurance company would reject an undertaking saying that a claimant would not claim for such expenses? Even though it results in the same effect of the claimant not benefiting?

Pat Mustard

Ashashi wrote: »

So would you suspect an insurance company would reject an undertaking saying that a claimant would not claim for such expenses? Even though it results in the same effect of the claimant not benefiting?

Nobody would ask a solicitor for an undertaking for something meaningless like not to claim a certain expense and then not to pay it over. It would be pointless.

The health insurers are trying to ensure that they recover money.

They often refuse to pay for medical treatment until they are given the undertaking that they want. This can put a lot of pressure on the patient/claimant.

kennM

Ashashi wrote: »

A quick query,

In relation to Injuries Board claims, an insurance company requires that you pay out for the expenses they paid out in relation to medical expenses covered by your insurance. They say that if you have legal representation, your solicitor must make an undertaking to repay the expenses covered by the insurance company.

I am just wondering, is this just the insurance companies ensuring that people do not benefit from insurance contracts and secondly, if a claimant gives an undertaking, through their solicitor, that they won't claim for the expenses through PIAB, will that have the same effect as an undertaking saying that they will pay the insurance company back? Any answers are greatly appreciated. I did some research on such undertakings because I found them quite odd and the latest protocol by the Law Society on their website is restricted to members only.

Hey Ashashi... I've gone through this nightmare... I completely empathise with you. I covered this in a long thread I wrote a little while back.... any Q's feel free to shout or PM (http://www.boards.ie/vbulletin/showthread.php?p=93328566)