Legal Question in Insurance Law in California

Recovery of medical coverage.

My son was killed in a motorcycle accident and was not at fault. We settled for the liability coverage of the other driver in a lump sum. TMy son was insured through my wifes work coverage and that company has finished payment to the hospital. Now we are receiving inquiries into settlements etc. from a revory agency. Can my wifes insurance collect back for medical payments made in a fatal accident from a liability settlement?


Asked on 4/17/09, 2:50 pm

1 Answer from Attorneys
Russell Kohn Kohn Law Office

Re: Recovery of medical coverage.

Not if the settlement was for a "wrongful death" claim (as opposed to a survivor action by the estate), since a wrongful death claim cannot include medical expenses as an element of damages claimed. In Fitch v. Select Products Company, 36 Cal.4th 812 (2005)the California Supreme Court precluded reimbursement from a wrongful death recovery to Medi-Cal for medical payments made to treat the decedent. The court held that "a Medi-Cal lien may not be asserted in a wrongful death action when the damages recoverable by the plaintiff in that action do not and could not include compensation for medical services provided to the decedent by Medi-Cal." Hope this helps!

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Answered on 4/21/09, 5:30 pm


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