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re: US District Court in NOLA has stayed a bunch of civil cases where fraud has been alleged.
Posted on 8/22/19 at 6:57 am to NIH
Posted on 8/22/19 at 6:57 am to NIH
SIAP, but the collateral source rule exists because the wrongdoer should not benefit because his victim paid for health or disability insurance to protect himself in the event of a disabling injury. Without the collateral source rule, Health care providers will stop taking health insurance because they want to put a lien on a damages recovery- which means the victim gets stuck with bills he cannot pay until the case settled - which can be years or may not be enough to pay the bills (because liability insurance companies “discount” medical bills to what they arbitrarily decide is reasonable).
And, most importantly, health insurers (including Medicare and Medicaid) surrogate against the victim’s recovery. And will continue to do so even if the recovery is less because the collateral source rule is eliminated.
Bottom line is you line insurance companies pockets (both health and liability). And screw the people who bear the costs of some knuckleheads careless driving (or drunk driving) - specifically the injured person and the doctors and nurses who cared for him.
And the at fault drivers rates aren’t going down. Allstate doesn’t care if they paid a little or a lot - they’re still raising the poor shlub’s rates. If they pay less on a claim, they simply profit the difference. It’s their business model. Rates never go down, no matter how much the civil justice system is gutted by tort reform. Why do you think all this tort reform is funded by big insurance?
And, most importantly, health insurers (including Medicare and Medicaid) surrogate against the victim’s recovery. And will continue to do so even if the recovery is less because the collateral source rule is eliminated.
Bottom line is you line insurance companies pockets (both health and liability). And screw the people who bear the costs of some knuckleheads careless driving (or drunk driving) - specifically the injured person and the doctors and nurses who cared for him.
And the at fault drivers rates aren’t going down. Allstate doesn’t care if they paid a little or a lot - they’re still raising the poor shlub’s rates. If they pay less on a claim, they simply profit the difference. It’s their business model. Rates never go down, no matter how much the civil justice system is gutted by tort reform. Why do you think all this tort reform is funded by big insurance?
Posted on 8/22/19 at 7:14 am to SpringBokCock
To follow on my previous post, there are ways to deal with insurance scams - which it appears the federal courts are doing effectively. My point is you don’t screw over innocent people by eliminating a long established system which effectively takes care of injured people to stop a few bad actors.
The courts have been doing this a long time - the collateral source rule is common law; not statutory law (don’t know about Louisiana’s weird arse Napleonic system). Judges will sanction lawyers and parties who commit fraud. And that includes insurance defense lawyers and their clients who engage in discovery abuse and fraud on their end.
You don’t need to throw the baby out with the bath water. The courts- as proven by OP - are dealing with the fraudsters appropriately.
The courts have been doing this a long time - the collateral source rule is common law; not statutory law (don’t know about Louisiana’s weird arse Napleonic system). Judges will sanction lawyers and parties who commit fraud. And that includes insurance defense lawyers and their clients who engage in discovery abuse and fraud on their end.
You don’t need to throw the baby out with the bath water. The courts- as proven by OP - are dealing with the fraudsters appropriately.
Posted on 8/22/19 at 8:33 am to SpringBokCock
quote:
Rates never go down
This isn't true at all.
For example, you can currently count on one hand the number of carriers that will write commercial auto insurance in the state and every one of those carrier's rates are astronomical compared to our neighbors. It is a direct result of the litigation environment here caused by the things mentioned earlier in the thread.
Competition significantly drives down rates and right now, there is virtually none of it.
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