Health Insurance Subrogation

In addition to medical provider liens, you also need to be aware of what are called subrogation interests—or claims for repayment that may be made by your health insurance company.

Your health insurance company collects premiums from you every year with the promise of paying for your medical bills if you get sick or injured. If your health insurance company makes a claim for repayment for medical bills that they paid on your behalf, it can dramatically affect the portion of settlement dollars you receive. It’s our job to protect your settlement.

State vs. Federal Laws

In North Carolina, the state and federal laws conflict.

  • North Carolina Law
    North Carolina’s state laws say that a health insurance company can’t make a claim for reimbursement out of your personal injury settlement. This means that if the health insurance company pays $1,000 on your hospital bill, the health insurance company has no right to get repaid for that amount when you settle your case.
  • Federal Law
    Federal law trumps state law, however, and these laws say that a health insurance company may collect repayment for your medical bills—with no cap on the amount—under certain specific circumstances. These laws are complicated, but an experienced North Carolina auto accident attorney from HensonFuerst can help.

As your North Carolina auto accident lawyers, it’s our job to carefully analyze the details of your health insurance plan to see if your health insurance company has a right to repayment. Whether the insurance company has the right to repayment or not, HensonFuerst will fight to help you keep every possible dollar. Many times, we can negotiate the repayment down to a fraction of the original claim, which means more money stays in your pocket.

Our legal team is available 24/7 to help you maximize your auto accident settlement—just dial (919) 781-1107 or complete our free online form to find out how Henson Fuerst can help you today.