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Subrogation basics for personal injury cases - YouTube
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so many people know that when you get in
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a car accident as a result of someone
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else's negligence
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you're gonna have a claim against that
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person for bodily injury for property
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damage to compensate you for your
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medical expense and it can be a lengthy
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process a lot of times this injured
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driver is gonna see a doctor over a
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period of months or years and if they
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have health insurance they're probably
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gonna submit the bills to health
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insurance what many people don't know
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though is that this health insurance
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company whether it be you know Medical
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Mutual or United Healthcare at you know
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any of the health insurance providers
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out there that provider is going to want
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to get reimbursed from any settlement or
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judgment Awards that the injured driver
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may get from the responsible driver and
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this is a concept called subrogation and
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it's basically your health insurance
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providers right to be reimbursed for
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medical bills that paid from the
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settlement or any funds received from
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the culpable driver and it's something
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you can't avoid it's probably in your
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health insurance contract
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it's a contractual right with the health
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insurer in most circumstances and they
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have a right to come after you from the
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settlement proceeds to get this
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reimbursement and if they really wanted
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to if you don't file the lawsuit
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yourself or pursue the culpable driver
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then the health insurer can actually go
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after
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culpable driver which is more of a rare
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occurrence usually the health insurer is
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waiting for the injured person to give
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settlement in let's see the
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reimbursement from that settlement so
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for example say you get in a car
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accident go to the emergency room maybe
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follow up with your primary care
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provider go to some physical therapy or
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get some chiropractic treatment save
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your health insurance provider pays
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those bills say they paid three thousand
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dollars which is probably going to be
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the contractual reduction pursuant to an
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agreement between the medical providers
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and the health insurance provider and
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then say you settle the car accident for
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$10,000
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the health insurance provider is gonna
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want to get reimbursed at three thousand
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dollars I'd have paid to pay your bills
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from that settlement but the good news
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is that there's nothing preventing you
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from trying to negotiate with your
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health insurance provider to reduce that
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amount so health insurance provider
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makes an initial claim for the three
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thousand dollars from that settlement
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you or your attorney can reach out to
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provider and try to get it reduced to
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say to two thousand twenty five hundred
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maybe if you're a good negotiator get it
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below two thousand but there's always
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the opportunity to work that out with
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the health insurance provider to reduce
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that and the good thing is a lot of
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attorneys out there
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my firm included will include that
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service in the representation for the
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personal injury action itself we would
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represent you against the liable drivers
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insurance company once the settlement
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has agreed to we would continue our work
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to resolve any subrogation rights of the
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health insurance provider so that sort
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of all encompassed in our services we
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wouldn't charge any extra and I think
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most attorneys who do do that don't
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charge extra but it's certainly
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something you want to look into if you
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are injured in a car accident you're
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looking for an attorney to represent you
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and it should be noted that it's just
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not helping Sharon Kean and it's not
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just the private health insurance
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companies that I may have mentioned
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earlier Medicare Medicaid have a right
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of subrogation if you have meant pay
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coverage on your auto insurance policy
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and your auto insurer provides some
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medpay coverage as a result of a car
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accident that
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medpay it's gonna have a subrogation
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right and also the borough of workers
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compensation may have a right of
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subrogation you know if you get hurt in
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a car accident while you're on the job
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and you have a worker's comp claim that
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pays you some workers comp compensation
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the Bureau of workers compensation is
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gonna want to get reimbursed so it's an
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important concept to know when you get
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in a car accident that though there is
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going to be some additional claim to
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that settlement funds for the medical
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expense or for the health insurers claim
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for bills that have paid and it's
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important to make sure you have an
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attorney who's going to help you resolve
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those issues
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