Injury Settlement: Paying Back Insurance

Q: Do I need to pay back my health insurance after my case is settled?

A: In many instances, yes. Whether you are insured by a plan through your employer, or you receive Medi-Care or Medi-Cal benefits, if you are successful in obtaining a settlement or verdict from the negligent party, you may have to pay back Medi-Care, Medi-Cal, workmen’s compensation, or your private insurer, generally minus some credit for attorneys’ fees and costs. 

Your attorney must be aware and understand the law and case decisions that regulate exactly what amount you are required to pay back your health insurer under the law and contractual guidelines.  A competent attorney will help to reduce and maybe eliminate your reimbursement obligations.  A competent attorney can pay for himself by what he can save you in health insurance reimbursement requirements alone.  

Your attorney must be informed and on the cutting edge of this topic because laws, regulations, and court decisions frequently alter the insured’s reimbursement requirements.  Yesterday’s rules on these issues may no longer be accurate.  If your attorney isn’t up on the latest developments, it can cost you plenty!

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