Will I have to pay back my health insurance provider if I recover damages in a catastrophic injury case?
If your recover damages in a catastrophic injury case and you have health insurance, you may be required to pay back your health insurance carrier. This is dependent on several things. First of all, is there a payback or subrogation clause in the policy, which is commonly referred to as a lien. Secondly, did you collect the types of damages that they paid for, in other words, did you actually collect for past medical bills. If you did so, then they probably have a lien and that lien note is subject to negotiation. Your attorney can contact the health carrier and point out to them that you may not have recovered fully for your injury because of limitations on the wrongdoers insurance. They can also point out to them that you paid your attorney to collect these damages and so the health insurance carrier should reduce the lien.