Articles Tagged with subrogation

I just settled my personal injury case and my lawyer tells me I have to repay my health insurance company for paying my medical bills.  I have paid health insurance premiums for 25 years and was never in the hospital one time before my wreck!  Why do they have the right to get repaid? 

Because the insurance policy you have almost certainly says that they have the right to be repaid.  That is part of the bargain you struck with them – even though you never read your policy and no agent or representative of your employer mentioned it to you.

Depending on the type of health insurance you have there are several arguments that can be made to secure a reduction in the amount that must be paid back to the insurer.  An experienced personal injury attorney will know this area of the law and will work with you to secure a reduction in possible.

I was in a car accident and broke my wrist.  My health insurance paid my medical expenses.  I sued the driver that caused the wreck and received a settlement for $75,000.   My lawyer says I have to re-pay my health insurance company out of my settlement.  Is that correct?

It almost certainly is correct.  My health insurance companies have a provision in their contract with you that if you incur medical expenses and later recover those expenses from the person who caused you to get hurt and incur the expense you must re-pay the insurance company.  

There are some exceptions to this rule.  An experienced personal injury lawyer can help you determine whether you have the obligation to re-pay your health insurance company and whether there is a way for you to reduce the amount you are otherwise obligated to pay it.