Health Carrier Subrogation- How will it impact your motor vehicle accident personal injury claim?

If you have been seriously injured in a motor vehicle accident and, as a result, have some of your medical expenses paid by a health carrier, you will likely have to reimburse the health carrier out of your settlement against the at-fault party. If the at-fault party has plenty of insurance coverage, then reimbursing the health carrier is no big problem because you can simply add their claim onto your claim against the at-fault party. An experienced auto accident attorney will help you negotiate the amount of that settlement to your benefit.

A problem can arise when the at-fault party does not have enough insurance to pay both your claim and the health carrier's claim for reimbursement (called "subrogation") and you will need a skilled personal injury attorney, who understands the subrogation laws and how to negotiate with the health carrier because the amount of your recovery will be determined by the amount you have to pay the health carrier. If your health carrier is Medicare or Medicaid, your attorney has the same challenge. which is more fully addressed in another article which you can access by clicking here.

The experienced personal injury attorney knows that the health carrier can only claim for reimbursement that amount they actually paid instead of the amount of the bill they have satisfied. For instance, on a $1,000.00 bill, they may pay $200.00, but due to a provider discount they satisfied the entire bill. If your attorney does not understand this, he can pay the health carrier too much and reduce your recovery. Also, you can make a claim for future medicals and not have to pay the health carrier for this claim even if they pay it in the future. Another import law that your attorney needs to know.

One of the problems that occurs when people settle claims without an experienced motor vehicle accident attorney is that they miss things like reimbursing their health carrier. They can reach a settlement, spend it and then be unable to pay the health carrier when it seeks reimbursement. They can lose valuable health benefits or be sued over this claim by the health carrier. If you need a motor vehicle accident attorney with over 25 years experience resolving auto accident claims, contact the Kentucky Auto Accident Attorney by clicking here or sending an email to kyaaa@insightbb.com or calling Matt Troutman at 502-241-8000 or 859-367-0036.