This is a common question that we get at the law firm, so please accept this response from the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Boynton Beach, injury attorney Lake Worth, accident lawyer West Palm Beach, injury attorney Fort Lauderdale, accident lawyer Miami) will respond to this question.
Generally, there are provisions in one’s health insurance policy that do in fact require reimbursement to health insurance when some of the bills from an injury case (whether it is an automobile accident case or some other form of liability case). Thus, you have to read the health insurance contract and any applicable federal or state laws to figure out whether the health insurance is entitled to subrogation. There is a Florida Statute dealing with reimbursement of health insurance policy payments; however, if a policy is governed by federal laws (like the ERISA laws, for example), then it is possible that the Florida laws are preempted by the federal law and thus the federal laws control. They key is that in a situation where health insurance has paid for some medical bills, you cannot just seek pain and suffering but instead you must seek to get those bills paid and then you have to reimburse the health insurance if the governing contract and applicable laws require same. Generally, under State and Federal laws, the health insurance laws have to send you a copy of the applicable part of the contract which shows their right to reimbursement and list out what has been paid and so forth. In sum, in most cases, based on the policy language and federal and state laws, the health insurance company is entitled to reimbursement for medical bills related to that accident that they pay. Again, this would be based on the health insurance policy or contract and based on any governing state or federal laws.
If you have been in an accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
