If I Settle My Personal Injury Case, Do I Have To Pay Back My Health Insurance For Accident Related Bills? The answer to that question is not that simple. It depends on what type of health insurance you have. Then if you do have to reimburse your health insurance, the next question would be how much?
Do you have Medicare (including Medicare Advantage), Medicaid (AHCCCS) or you are a government employee? If you answered yes, then you do have an obligation to repay your health insurance. Do you work for a private company? If your answer is yes, the next question you have to answer is whether ERISA governs your health plan. If you do have an ERISA plan, whether you have to repay your health insurance depends on the plan’s language and what or funds the plan.
Absent any of the above, Arizona law prohibits you as an injured person from assigning your rights to pursue the person who injured you. This means that your health insurance can’t seek reimbursement from your settlement money.
The reality is that these are complex issues and not necessarily easily answered. So if you are injured in an accident you should contact an experienced personal injury lawyer and speak to him/her.
