Legal Question in Personal Injury in California
I have received an offer from a Homeowners insurance policy to release their contracted persons from any future claims against them for an injury I received. The settlement is $26,500. My medical Insurance covered the doctors visits and surgery and I paid the copays, gas for driving and had pain and suffering for over a year which still continues and needs attention and caused other injuries as I was unstable after knee surgery and fell on my hip.. They paid $5000 of my medical costs out of pocket. I am paying for Chiropractic care fully out of pocket from the fall on my hip. Can I accept the offer of $26,000 with out being obligated legally to my medical insurance for repayment for the settlement? I pay for my medical coverage and there were no liens or lawyers involved. I received medical attention for 3 months prior to opening the claim for my injury. The release form states, "It is further agreed that the undersigned will defend and indemnify releasee by any insurance carrier, governmental agency, hospital, attorneys or other organizations to the fullest extent by law" Kim M.
3 Answers from Attorneys
No. Your health insurance company will have a claim on the proceeds for what they paid, and per the terms of that release, if your health insurance company goes after the insured, you will have to pay to defend them! Don't sign the release. Go see a lawyer.
Most, if not all, health insurers have a clause in their policies for reimbursement of benefits paid in 3rd party cases. As such, regardless of the fact whether you sign the settlement and release agreement, you are contractually required to pay back the amounts paid by your health insurance company. Hence, you may end up with no money at the end of the day or a lawsuit by your health insurance company. Termination or denial of your benefits may also be on the table.
Furthermore, if you had a significant enough case that you ended up having a surgery among other things, why are you settling for the amount offered by the other party's carrier? Have you had your case professionally evaluated yet? If not, you may be compromising significantly without even knowing about it.
While I realize that telling you to hire a lawyer may sound not entirely impartial, it is indeed in your best interest. You should at least have an experienced lawyer review and evaluate your case before you decide to settle.
Good luck,
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