If I was in a car accident last year for which I just received a settlement for a medical visit, how much of that settlement is my medical insurer able to recover from me?

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If I was in a car accident last year for which I just received a settlement for a medical visit, how much of that settlement is my medical insurer able to recover from me?

Asked on August 28, 2013 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your insurance company requires reimbursement, your settlement in your auto accident case should have taken that into consideration and should have been sufficient to adequately compensate you after your insurer has been reimbursed.

You can negotiate with the insurer to get them to reduce the percentage they are claiming for reimbursement.  If the insurance carrier is entitled to reimbursement, they would receive the entire amount they paid.  That is why it would be advisable to negotiate with them to reduce the amount they are claiming for reimbursement.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your medical insurer can recover from you an amount equal to what they have actually paid out on your behalf. You are not entitled to double recovery: that his, you can't have medical costs paid by your insurer then have those costs paid/reimbursed/compensated/etc. again by the other party.


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