How will my settlement be affected by my health insurance coverage?
If you are seeking a settlement after a personal injury in California, your health insurance coverage may affect the amount you receive. This is because health insurance companies often have a right to be repaid, or “subrogated,” for any medical expenses that the insurer paid on your behalf. This means that when you receive a settlement from a negligent party, you may need to pay back your health insurer for the cost of your medical bills. Many health insurance policies include a clause that states the insurer is entitled to some portion of the settlement proceeds if you receive a settlement related to your injury. Generally, this means the health insurer will be reimbursed for the cost of your medical bills up to the amount of the settlement. This is referred to as the insurer’s “subrogation” right, which allows them to share in the settlement proceeds. Whether you will have to pay back your health insurer from your settlement amount will depend on your specific policy language. If your policy does not include a subrogation clause, you will not have to pay back the insurer for your medical bills. However, it’s important to always read the policy language to make sure and discuss the details of the settlement with an experienced personal injury attorney. An attorney can help guide you through the process and ensure that you are claiming the full amount of the settlement you deserve.
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