Legal Question in Personal Injury in California

Re: Personal Medical Insurance

The injured party has the right to recover all medical expenses reasonably incurred. His personal health insurance is irrelevant. But, today, the medical insurer will have "subrogation" rights, meaning it can recover what it paid for the medical care of the insured from any third party recovery.

Re: Personal Medical Insurance

Generally, a plaintiff can recover the total (gross amount) of his medical bills in a trial. The total bills should be admitted into evidence. Calif. has the "collateral source rule" which is an evidence code that says the defendant can't admit evidence of the plaintiff's own personal insurance.

But, if you win something from the defendant, most health insurance companies may require you to reimburse them for what they had to pay to you. Watch out for that. Some PI attys may be able to help you pay a lesser amount back to your health insurance.

Re: Personal Medical Insurance

Medical expenses are fully recoverable whether paid or not by the person's own insurance. If you are the plaintiff, feel free to contact me if you need an attorney to represent you. Defendants should be represented by their insurance company provided attorney. If you are the defendant and uninsured, also contact me for help, you need it.