Legal Question in Personal Injury in California
How much can my health insurance recover from me in a settlement?
Hello,
I was involved in an accident that the police said was my fault.
The other party's insurance has sent me a letter saying they consider themselves 10% at fault.
Recently, they made me a settlement offer for $5000 which represents 5% fault on their client. My medical expenses are $20,000+, and they filed liens with the car insurance company that made me an offer. My question is how much can they take from my $5000 settlement? Are they only allowed 5% of their $20,000, since 5% of my entire claim was what was paid to me, or are they allowed to take the entire $5000?
4 Answers from Attorneys
Re: How much can my health insurance recover from me in a settlement?
TOO COMPLICATED TO ANSWER WITH LIMITED FACTS. see an attorney.
Re: How much can my health insurance recover from me in a settlement?
get an attorney.
www.4thelaw.com
Re: How much can my health insurance recover from me in a settlement?
Thanks for your question. You should not sign anything from the other insurance co. Do not rely on the police report and/or the other side's insurer on determining fault. You should immediately seek an personal injury attorney skilled in negotiating with medical providers.
I will gladly consult with you at no cost as to your current situation. Thank you and good luck.
(714) 639-6582
Re: How much can my health insurance recover from me in a settlement?
Insurance companies don't generally just offer money, so I would have a personal injury attorney review the case before signing anything--perhaps the attorney could agree to take a fee only on what they get above $5,000, if he or she feels the case is worth more.
If you can't get higher, try negotiating with the health care providers to take less and leave you with some money--they are used to negotiating like this with attorneys. If you don't negotiate, then they are entitled to all of whatever you get, up to $20,000.
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