Health Insurance Limit Compensation Injury Injury Law
My own health insurance has paid my medical bills. Will my health benefits limit the compensation for a back injury accident?
Only with regard to the medical treatment your health insurer paid for. Health insurance plans or policies almost always have a “subrogation” provision, which means that the health insurance company of the injured party is entitled to be paid back from the at-fault party’s insurance company. Your injury lawyer will normally handle this subrogation interest as part of your settlement; the result is usually that the at-fault person’s insurance company settles when the health insurance company has agreed to release whatever claim they have against them.
Health insurance companies routinely take less than the full amount owed to them because of the costs incurred in going out and getting fair and adequate compensation. In some states, there is law that provides that the subrogation claim of a health insurance company cannot be paid until the injured party receives fair compensation for all of his or her claims.
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