Generally, if health insurance pays your doctors that treated you for an accident AND you make a claim against someone for that accident, you must also seek to get those medical bills paid in the case and must repay the health insurance. This subrogation right of the health insurance company is generally by contract or statute. With medicare or medicaid, for example, the right to reimbursement is by statute. With health insurance, the right to reimbursement is by contract. It is possible that the health insurance contract does not contact the proper language and if not then the health insurance is not entitled to subrogation generally but for the most part the health insurance contracts to have reimbursement provisions and thus entitled to repayment IF THERE IS A RECOVERY.