Legal Question in Personal Injury in California

If I settle a bodily injury claim with the other driver's car insurance, can my own medical insurance then come after me for repayment of the out of network costs associated with the injury that are beyond my copayment amounts?

Can my medical insurance provider ask for more then the settlement amount from the other driver's auto insurance?


Asked on 3/28/11, 12:34 pm

1 Answer from Attorneys

Your insurance company most certainly can come after you for reimbursemnt of anything they had to pay on account of the injuries, not just any out of network portion. They are, however, limited to your settlement, and there are ways to limit the portion of the settlement they get as well, with how the settlement is structured. You should never ever settle a personal injury claim that involves any meaningful expenditures by your health insurance company, without the help of a lawyer. Otherwise you will very likely settle for less than your claim is worth, and even if you settle for the reasonable value of your claim, you risk having your health insurance company take most or all of it.

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Answered on 3/28/11, 1:19 pm


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