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Atlanta Personal Injury Attorney – Why is the health insurance company asking for money on my personal injury claim?

Often when I am speaking with existing clients with health insurance or potential clients, the issue of health insurance comes up. When this issue is brought up, the first response is I do not want to use my health insurance. With which I reply, then your claim just got more expensive. The fact of the matter is typically you are not punished by using your health insurance, as long as you realize they have the right to be reimbursed for any money they pay on your behalf with which you can collect from a third party. A third party for example would be another driver in an auto collision, or it could be in a slip and fall or possibly a workers compensation claim.

Regardless of the third party claim, if you are able to collect from a third party, just about every health insurance company has what is called a subrogation clause in your explanation of benefits. In fact if you want to see the wording, (often any lawyers who represent you for a personal injury will) it will be found in the initial paperwork you get either in the mail from the health insurance company or from your employer.

Your responsibility to pay the health insurance company back, is dependant on the a couple of things, first is the plan an E.R.I.S.A. plan. E.R.I.S.A. is short for Employment Retirement Income Security Act. A health insurance plan is either E.R.I.S.A. or it is non-E.R.I.S.A. and this will have a huge impact on your responsibility to pay them back. E.R.I.S.A. is Federal law and therefore takes precedent over state law or non-E.R.I.S.A. plans.

If you or a loved one has been contacted by their health insurance company seeking reimbursement, it is important that you contact an Savannah Auto Collision Attorney so you can understand your legal rights and your legal obligations as they relate to your health care plan. Call 912-508-4711 or 770-948-5454 to find out what you need to prior settling any personal injury or workers compensation claim, otherwise you could find your settlement was not what you thought after paying back the health insurance company.

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