Tuesday, September 29, 2009

Tri-Care Subrogation Claim

Posted by Michael Russell

Can you request a subrogation claim from Tri-Care if you are a defendant in a personal liability case in MN and this is being done 2+ years later?

I apologize but from the wording of your question I am unable to determine the exact thrust of the inquiry. If you could provide further details in terms of what you are requesting and who you are requesting from, I would be happy to elaborate on my answer.

Tri-Care derives the authority to assert a subrogation claim under 42 U.S.C. §§ 2651-2653, which authorizes recovery of the reasonable value of medical care furnished or paid for by the United States under circumstances creating tort liability for such medical care in a third party. 32 C.F.R. § 199.12(b).

In the state of MN personal injury claims and property damage claims based upon negligence must be brought within 6 years. Thus the fact this is 2+ years later will not matter.

I hope you found this somewhat helpful and again I am happy to respond if further info is provided. Thanks.

Michael Russell