Legal Question in Personal Injury in Florida
Can Health insurance comapanys make a claim on proceeds from a personal injury settlement
Asked on 1/03/12, 10:23 am
3 Answers from Attorneys
David Slater
David P. Slater, Esq.
Yes. Read your policy, it should provide for reimbursement.
Answered on 1/03/12, 10:27 am
Jason Neufeld
Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm
It depends. Generally not on Uninsured Motorists claims. But they almost always can on third-party liability claims. As Attorney Slater advised, your policy will provide the details.
Answered on 1/03/12, 10:46 am
David Burns
David H. Burns, P. A.
They can if there is a subrogation or reimbursement clause in your health insurance policy that provides for it. In Florida, you will get a prorata reduction for any attorneys fees or cost of bringing the legal claim. If you settle for less than 100% of the value of your claim, you may also be able to negotiate a further reduction based on the reduced percentage of recovery.
Answered on 1/03/12, 10:50 am
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