You health insurance company will expect to be reimbursed. You should contact a personal injury attorney, who can negotiate you a better settlement for your personal injury claim, but should also be able to negotiate with your health insurance company to reduce the amount they are expecting to be reimbursed. This is a combination insurance and personal injury question.
If you make a personal injury claim, your health insurer will likely have a right to be reimbursed from your personal injury proceeds. This is commonly called subrogation. The subrogation claim is usually negotiable.
Seek an experienced personal injury trial lawyer. Avvo rates lawyers and has a search function. Also look at the lawyer's Peer Review Rating™ in the Martindale Hubbell Legal Directory. You can also look for board certified trial lawyers at http://tbls.org.
Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services. My Avvo posts are based on limited information provided and are not intended as conclusive legal advice.
Yes, your health plan will have a lien interest in your settlement proceeds up to the amount they have paid for your accident-related medical care.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
Yes, but you have some leverage here. The first question is, who is your health insurance? If it is state regulated you have more leverage than if it is federally regulated. State law regulates plans you purchase on your own, plans through a state governmental agency such as a school district, state agency or county agency. Federal law regulates plans through a federal agency such as the military or other federal agency. Federal law also regulates plans through the Employee Retirement Income Security Act (ERISA) which are generally available through large corporate employers.
If your plan is state regulated then Chapter 140 of the Civil Practices and Remedies Act apply and it limits the reimbursement you have to make. It limits your health insurance company to no more than half of your settlement (one third if you hire an attorney). It also does not allow subrogation against your own uninsured motorist claim (your employers UM does reimburse).
So it can get a little complicated. Finally, you can often negotiate the amount, regardless.
Best of luck,
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements