Will I have to pay back my health insurance company if I receive damages in my Florida personal injury case?
Many clients ask whether health insurance gets paid back in a Florida case. Yes, generally speaking, it does. There are some contracts with your health insurance that don’t require … it’s called a subrogation clause, but 95% of them will. It’s very important that you have your attorney review that contract, the contract with your health insurance company, to determine what, if anything, they are entitled to be reimbursed. Usually, they will reduce that lien based on a pro rata share of the fees and costs, so if you pay your attorney a third, they’ll reduce your lien by a third, but again, it depends on whether that health insurance is a Florida contract or if it’s governed by a federal law called ERISA.