Legal Question in Personal Injury in Maine
I was involved in an auto accident. I don't understand why my lawyer is asking for money for the costs my health insurance has paid. He said this would come out of my part of the settlement. If they want their money back shouldn't they sue on their own? Isn't "pain and suffering" a separate amount not included in lost wages and medical expenses?
1 Answer from Attorneys
This issue is called subrogation. To simplify, your health insurer has a contract with you to cover your medical expenses regardless of who or what caused the health issue. However, that contract also provides that if someone else is legally responsible, you will seek the health insurance costs as part of your legal case and then reimburse the health insurance carrier. The carrier must deduct from its reimbursement the legal fee for your attorney's services in collecting that money. If you decided to not pursue your legal case at all, the insurance carrier would have the right to sue for its reimbursement.
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