If you are injured, then you would have a right to sue. If you utilized your health insurance to cover your injuries, then the insurance company would have a right to be reimbursed from your accident settlement for the money they spent. Best to have an attorney assist you and negotiate the best deal possible.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.