Does have have a legal right to recover from my UIM insurance recovery?
I have UM/UIM and may be able to recover some money from my own insurance policy (which I paid for), for a car accident. Kaiser will get some recovery from the underlying policy from the other driver (it is 100% the other driver's fault), but then Kaiser claims they have a legal lien over UIM coverage as well. But I think UIM policy is my private matter.
For most of my career, Kaiser did not seek reimbursement from UIM coverage under the plan langauge. Recently, I have heard of Kaiser seeking reimbursement. Possibly they changed the plan. The policy language would have to be reviewed to give you a more definitive answer.
You will need to see the language of your Kaiser policy. They use to apply to only third-party recoveries, but some policies have changed the language to include first party recoveries (UM/UIM). Your attorney should try to negotiate a full satisfaction reimbursement from the third-party settlement or more likely get a waiver on the third-party case since you obviously were not made whole in that settlement.
It is a very close question. It depends on the language of your policy or plan. Our office takes the position that UM/UIM is not a 3rd party recovery subject to a lien.
Best of luck!
Have a local lawyer review the contract.
Family Law Attorney
While I agree with counsel, the answer is "probably so." Kaiser have many attorneys--they already had attorney look at this.
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