Visitor Question

Can my health insurance charge me for funds received from my UIM policy?

Submitted By: Wendell (New Orleans, LA)

I was involved in a hit and run accident in which the other party ran a stop sign and t-boned me on my motorcycle. I lost my left leg, and now have mounting medical costs.

My health insurance company just called and said they received notice that my auto insurance company paid me uninsured motorist benefits, and that they are now entitled to that money and that I need to reimburse them. What about my pain and suffering, lost wages, payment for Gap in my vehicle insurance payout, etc.? Health insurance doesn’t cover this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Wendell,

Read your medical insurance policy carefully. If you don’t have it readily available, contact your health insurance company and ask for a copy of the policy, or documentation which requires you to pay the insurance company for benefits paid by another insurance company.

If your policy states your medical insurance company has a right to reimbursement, then you really have no choice.

You DO NOT have to reimburse your medical insurance company for amounts paid to you by the automobile insurance company for your pain and suffering or lost wages. That is true as long as your medical insurance company didn’t cover those costs…and it is likely they did not.

Therefore, all you are likely required to do is reimburse your medical insurance company for amounts they paid out for you medical bills, therapy bills, and out-of-pocket expenses. But again, double check your policy before reimbursing any amount.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 28, 2015

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