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Does Kaiser have a legal right to recoup from my UM / UIM recovery? Could they put a legal lien over the UIM recovery?

San Francisco, CA |

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.

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Attorney answers 5


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.

Good luck.


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.


While I agree with counsel, the answer is "probably so." Kaiser have many attorneys--they already had attorney look at this.

Good luck.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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