Legal Question in Personal Injury in Florida

Can a health insurance company try to sue me for the money I get from a settlement due to a car accident? Will they seek out the money to pay for my health costs once I reach a settlement?

Asked on 6/28/11, 9:20 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.
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Possibly, if they had a lien on the claim. Read your insurance policy.

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6/29/11, 3:11 am
David Aronberg Aronberg & Aronberg, Injury Law Firm
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Yes and Yes. It is called the "right of subrogation" and your health insurance company may have that right. You need to read your policy, but, in most cases, your insurance company will have this right. IF you settle a personal injury case and DONT pay back your health insurance company, they could possibly come after you and your attorney, if you have one.

Normally, your health insurance company will not require you to pay them back 100% of what they paid. They will reduce by 30 to 40% and maybe more, depending on the circumstances.

Feel free to call me for more information or to ask additional questions. 561-266-9191 or email me directly at daronberg@aronberglaw.com.

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6/29/11, 5:25 am
kevin sullivan Law Office of Steven Kremer
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Yes depending on the language in the policy. most have third party reimbursement clauses that allow them to recover. Your P.I. attorney is responsible for negotiating your liens and you may have a claim for malpractice against him.

Please call me at 415-441-1052 to discuss.

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7/01/11, 10:13 pm

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