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If you or a loved one has suffered an injury, whether from a car accident, slip and fall accident, or some other type of incident it is extremely beneficial for the accident victim that has their own health insurance coverage. Personal health insurance is helpful even if the negligent third party responsible for the injury will be ultimately covering your related medical bills.
With few exceptions the responsible party's insurance company will not be making any payments until the injury case comes to a final resolution. Consequently, having ones own medical coverage permits greater latitude in obtaining the necessary and appropriate medical care and provides a wider range of choices when it comes to medical providers for your injuries. Without personal insurance an accident or injury victim must rely on their attorney to locate the appropriate care for the victim. This may include not only doctor referrals, but referrals in the correct medical specialties in a convenient locale for the victim to undergo treatment for their accident related injuries. From time to time it is difficult to source such a health care provider, particularly if the victim is in need of surgery.
The most typical types of insurance that an attorney sees is either work related health insurance, and, or, any medical payments (med-pay) benefits under the victims own personal motor vehicle insurance policy, if a car accident related injury. In the case of personal or work related health insurance, the money that is paid out to settle the medical bills of the accident victim are typically reimbursable out of the proceeds of the third party injury settlement or award. This prevents the victim from a double recovery. Double recovery would mean that the victim's bills would be paid, and they would keep the award for those same bills. Obviously if there is no personal injury monies paid out by the negligent party then there is no duty to reimburse the health insurance for what they have paid out.
Often time's car owners have medical payments benefits ("med-pay") under their automobile insurance policy. Med-pay benefits require the automobile insurance company to pay reasonable and necessary medical bills for any of the injured occupants of the car up to the predesignated limits of the contracted benefits. In the past, many insurance companies did not have reimbursement clauses in their car insurance policies. Today most, but not all, car insurers have the right, per their contract of insurance, to reimbursement of monies paid out by them from the proceeds of the injury victim's third party settlement or award.
In most cases, the funds subjected to reimbursement are reduced by the same percentage as the victim paid in attorney's fees. In some cases the personal injury attorney may be able negotiate a greater reduction in the reimbursement amount. It is important to consider the benefit reimbursement issue when calculating what the net settlement that may be received by the injury client. An experienced personal injury lawyer can best advise their client on all matters surrounding insurance issues and the reimbursement issue.
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