My health insurance, Medicaid, or Medicare has paid some or all of my medical bills. Will they have to be reimbursed?

That depends.  Some health insurance providers are entitled to “subrogation” if they have paid for your medical treatment.  This means they “step into your shoes” and they are entitled to be reimbursed from your settlement.  Other health insurance carriers are not entitled to subrogation and cannot be reimbursed.  

This is often complicated, and depends on the type of health insurance you have.  We can help you sort this out.  Medicare and Medicaid are typically going to be entitled to reimbursement as well. 

It is important to know that just because a third party (health insurance, Medicaid, Medicare) pays your bills, does not mean they are entitled to “dollar for dollar” reimbursement.  North Carolina and federal law limits the amount of any lien that can be imposed on your settlement.  

Finally, your insurance claim is personal to you.  No one else can make you file a claim.  Because these third parties are often dependent upon you to file a claim, you have significant leverage and can negotiate a reduction of their lien. This is a service we routinely provide for our clients, which at the end of the day puts more of the settlement money into your pocket.   

For more information, email us: info@mcelweelawfirm.com