Records can be searched either by accessing free public records online via the record holders database (when available) or by requesting a copy from the agency holding the record, usually for a small fee. Assets are classed as either “tangible” or “intangible.” Assets are either personal property or real property. An individual’s personal property includes everything he or she owns. Find bank accounts or something to attach: a vehicle, real property, a house. The best way to locate real property is through property records. If the owner has homestead exemption on the house, you’re not going to be able to touch it. However, if he owns the lot next door, you can grab that. If he owns an apartment building you can go for that. The easiest is bank accounts.
How are you entitled legally to obtain one under the Fair Credit Reporting Act?
I think you are legally allowed to get one for yourself…not the credit report of someone else…
You can hire a private investigator to find that information out. Also, if you actually file a lawsuit you could subpoena the information. Technically, the actual filing of a suit doesn’t cost but a nominal fee. Good luck and keep us updated.
Do you have a (good) lawyer? if you do, shouldn’t he/she be able to do checks like this and find out for you?? i don’t know. I’ve never had to sue anyone. It just seems like something a lawyer would be on top of. Just a thought.
i’d be surprised if they only have 25k in liability coverage. anything under $100k is almost unheard of. it’s part of an HO3 or HO4 standard homeowners policy, or even a renter’s policy, unless i’m mistaken. i’d make sure about that if i were you.
i’d also get very ornery with your health insurance company about this. can they subrogate to get their money back? maybe. but you pay them premiums just for this. their rate adequacy for what they pay out is not the money they recover for subrogation, it’s the premiums you pay. if they get that money back instead of you getting it back, they’re double dipping, it seems to me. you’re paying them twice, once through premiums, again through the money rightfully yours through your recovery for lost wages, pain & suffering, etc.
of course i’m not an attorney, so take this for what it’s worth (which is what you paid for it).
$25k is the minimum allowed for liability coverage in a HO ins.
so it is possible.
Make sure you aren’t violating the Fair Credit Act. He’s not an asking creditor, nor a future employer. I thought it was a violation of that act to obtain a credit report on a third party, without their consent. He certainly will be able to see somebody checking it.
On the subrogation. That’s in your health policy. Technically, your health insurer or HMO has not contracted to provide you with coverage for medical injuries caused by a third party.
And thank god for subrogation. If there was no subrogation, the health insurer would not pay for medical bills caused by third party negligence,and then what would you do? Wait around until that other guys’ homeowners pays the bills? Its convenient for the enrollee to have his or her HMO to pay those bills. You just give back to the health insurer what it paid in past medicals, the rest of your settlement you keep. Sometimes, they even let your attorney keep a collection fee or pecentage of recovery for past medical.
On the assets. You get all of that information in discovery or after a suit is filed. Or You can get it post judgment with garnishments, etc. Until you file suit ,though, I don’t see how you can get any accurate reliable asset information from him; in fact, this is one reason why people file suits, to find that out.
Every health insurance policy or HMO contract will provide the health insurer with subrogation in the contract itself. This isn’t a normal health illness. These bills coming in are caused by a third party who should be the person paying for the bills. The carrier pays the bills anyway basically and literally the insured assigns his or her rights to the health carrier to collect that back from the third party.
And I don’t think subrogation has any effect on rates; in fact, I’m not even sure if it is mentioned in filings. Surogation is more like garbage collection to a large insurer. Great to get some money back but they ain’t betting the house on it and moving staff and resources into subrogaion. If there is an actuary here, I’d be interested to know if there is any impact, up or down on rates, because of subrogation or the abscene of it. I have never seen a rate filing with subrogation even mentioned in it.
“Technically, your health insurer or HMO has not contracted to provide you with coverage for medical injuries caused by a third party.”
what if it was a hit and run? would your health insurance company also hit you (with premiums) and run (from the claims)? if i was a lawyer, i’d be licking my chops at that bad faith lawsuit. i’ve never heard of a health plan that didn’t cover accidents, only illnesses. as a matter of fact, accidents are frequently first-dollar benefits, not subject to deductibles.
i’m not saying health insurers shouldn’t subrogate. i’m saying that when there’s a limited amount of recovery available, all claimants should have a fair shot. the insured has lost wages, and other REAL losses, not counting pain and suffering. does the contract with the health insurer specifically subordinate any and all other losses to the medical losses? if not, then the insured has just as much right to claim that his other losses are in front of the health insurer’s losses, because they are not offset by premiums. failing that, that they should be at least equal to the carrier’s losses.
I’d tell your lawyer to bring it on.
Go find your health policy. You’ll see an exclusion in there for negligent acts of third parties. I’m not at the office to pull one up but I believe in every standard health policy there is an exclusion for benefits from injuries caused by the negligence or intentional act of a third party, as there are exclusions for riots, nuclear explosions, acts of civil disobedience, acts of war, and so on. Like I said, the carrier pays that as a convenience for you because it would take too long to get the third party to pay ,or locate the third party (as in your hit and run case), so it goes ahead and pays for those costs but it is subrogated.
The injury is not a normally arising medical disease.
Again, unless the insurer is a p and c carrier and insures large property claims (environmental damage cleanup), etc…I can’t see how subrogation collection has any impact on rates at all, if it did ,it would be a tiny tiny tiny fraction. Rates have nothing to do with this at all.
what if it was a hit and run? would your health insurance company also hit you (with premiums) and run (from the claims)?<<
Well, in my case when I was hit by a hit and run, my insurance (auto) paid for truck repair, minus my deductible, my medical expenses, plus a small amount for my pain and suffering. And, my rates actually decreased a couple of months later.
clm