If a health insurer has paid claims stemming froma car accident, does theat-fault driver’s car insurer have to pay them back?

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If a health insurer has paid claims stemming froma car accident, does theat-fault driver’s car insurer have to pay them back?

Asked on November 2, 2010 under Accident Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, if a health insurer pays a claim for their insured for treatment that has stemmed from a condition that is a result of a car accident, then the insurer can indeed go after the insurance of the fault driver for reimbursement.  It is known as "subrogation" which means that you have given your insurer the right to sue for the money as if you were suing for it yourself.  They are permitted to subrogate the claim on your behalf.  State law varies on these matters and you should seek consultation from an attorney in your area.  You need to make sure that you are protected from anyone coming after you for payment. Good luck.


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