do i have to reimburse my health insurance for my out of pocket expenses?

UPDATED: Sep 30, 2022

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do i have to reimburse my health insurance for my out of pocket expenses?

I fell 30 foot off a ladder and was transported to local hospital. My state retirement health insurance paid the expenses. I paid my out of pocket expenses. Then the other persons homeowners insurance agent told me they would reimburse me my out of pocket expenses if I sent them my bills. I thought they were reimbursing my health insurance too…I thought ‘the insurance companies fight it out amongst themselves’. Now my insurance company wants me to give them the money from the other insurance agency that was for my out of pocket expenses. Can they do this and why ? I pay for insurance and none of this was my fault…I should not be out anything, but didn’t want to sue anyone…?

Asked on April 9, 2016 under Personal Injury, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your insurer has the right to be reimbursed for its costs or expenses on your behalf, and you do not have the right to be paid anything over and above what your insurer paid to or for you, until the insurer is repaid. (This is called the insurer's right to "subrogation.") so your insurer can insist that you turn this money over to them, if they have not otherwise/already been paid or reimbursed. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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