Can a health care insurer be repaid from a personal injury settlement?

Yes, this is quite a common scenario. Most health insurance policies have “subrogation” language that allows the insurance company to be repaid for the amount paid out on medical bills if the insured person receives money as part of a personal injury settlement.

Different states have varying laws dealing with this issue. In theory, the person is not allowed to (recover twice); i.e. once from the at-fault party and once from the health insurer.

The law essentially holds that a tort victim is entitled to be made whole or put back to where they were before the injury. Nevertheless, in Maryland, for example, a Maryland accident lawyer may obtain a statutory reduction in the amount of your lien when you settle your case.

Additionally, depending on the terms of your settlement, a lawyer may be able to, in some circumstances, negotiate with the lienholder to obtain reductions in the amount owed. As many factors go into lien reductions and each case is unique, you’ll need to contact a lawyer in your state to determine if you’re eligible for a lien reduction.

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