Medical Payments and Subrogation In A Personal Injury Claim

Even when someone has been the victim of a personal injury at the fault of another person, the injured victim’s major medical insurance benefits, medical payments coverage under their auto policy, Medicare, or other (first party) health insurance benefits still provide coverage.

Some insurance carriers try to deny these claims.

Although some insurance carriers try to deny these claims, the fact that someone else is ultimately responsible for the personal injuries and damages suffered by the claimant is no excuse for not paying the medical expenses as they are incurred. Obviously, any policy requirements of the victim’s health insurance must be followed.

Essentially the victim first obtains coverage and payment of medical expenses through their own first party health insurance benefits.  However, the party who pays the personal injury victim’s medical expenses may have a right of subrogation against the person responsible if compensation is obtained.

Columbia Worker's CompensationThe personal injury attorney will handle the subrogation claim.

Why then, if someone else is ultimately responsible for these medical expenses, should a victim present these bills to their own first party health insurance? For two reasons: 1) To have the bills paid now, because the ultimately responsible party will only pay the bills as part of the final resolution of the claim; and 2) the personal injury attorney will handle any subrogation claim of the first party health insurance company and obtain funds for them as part of the victim’s settlement. In the process, the personal injury attorney will most likely be able to negotiate a reduction of the amount originally paid by the first party insurance company.  Also, some insurance plans don’t have any right to be paid back out of any settlement or judment.

Our personal injury law firm will resolve all medical liens associated with any claim we are handling for a client.

What if an injured party does not have any first party health insurance to pay their medical expenses?  Then the injured person must either pay the medical bills himself or request that the health care provider take a medical lien against the victim’s claims against the party responsible for causing the injuries.  Our law firm will negotiate and resolve all medical liens associated with any claim we are handling for a client as part of our representation of the client.

Please contact The Hines & Wilson Law Firm by calling us toll free at (877) 473-4500 for a free, no obligation consultation with a qualified personal injury attorney from our office.