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Can my medical insurer seek recovery from insurance settlement under CA subrogation laws
Hayward, CA
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Posted about 1 year ago in Insurance
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revenue recovery:
I got into a motorcycle accident. I did not go to the hospital in and ambulance. Due to some back pain, I used my own medical coverage with Kaiser Permanente I have through my work, Paid my own co-pay and had some physical therapy. Now, I get a bill from kaiser saying any payment from a insurance settlement will go towards paying the bill (billed for amount prorated) The insurance company that is paying for medical bills and pain and suffering is only paying me 50%. (50% at fault). The insurance company said they will cut me a check for the 50% of the bill amount and something on top for my pain and suffering. Can kaiser revenue recovery come after me for the full amount? How are they going to take money from my check thru work for my coverage, make me pay the co pay and then ask me for a pro rated bill amount?
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Answers (1)
Kevin W. Davidson
This attorney is licensed in Wisconsin.
Posted about 1 year ago.
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The short answer is Yes - if someone else is liable to you for damages as a result oft he accident, then, the insurer who provided coverage to you to pay for a portion of the bills associated with treatment of your resultant injuries may seek compensation from the liable party. Typically, this is accomplished by way of a "lien" on any pending settlements.
As with all legal issues, there are always a myriad of specific details which dictate the answer - you may want to consult with a local attorney to determine whether or not Kaiser can place a valid lien upon your settlement. |
