Do You Have to Pay Back Health Insurance After a Personal Injury Settlement?

Stethoscope, calculator, and money lying on top of health insurance paperwork

If you suffered a personal injury caused by someone else’s negligence, you can seek compensation from the at-fault party’s insurance company. Depending on the accident that hurt you, it could be an auto insurance, homeowner’s insurance, renter’s insurance, or business liability insurance claim.

While your lawyer works to resolve your case and secure financial compensation, your health insurance company will pay your medical bills. However, your policy most likely contains a statement giving your health insurance provider the right to reimbursement.

Can Health Insurance Companies Take Your Settlement as a Reimbursement?

You may wonder, can my health insurance company take part in my settlement? Yes, it can and likely will if you recover compensation for medical costs. The argument for this is that your insurer would not have had to pay the medical expenses if not for the liable party’s actions.

Our experienced personal injury attorneys can assist you with paying back the insurance company after a settlement. Working with our law firm can also help minimize what you owe.

What Is Health Insurance Subrogation in a Personal Injury Case?

Health insurance subrogation after a settlement is the process of paying back your health insurance provider. In many personal injury cases, it happens behind the scenes between insurance companies and an injured party’s attorney.

For example, if you have hospital bills from medical treatment, your health insurer will likely not pay the total amount. Instead, it will pay a portion to satisfy the debt. Your insurer will then send a claim for this amount to your lawyer to demand reimbursement from your personal injury settlement.

Do you have to pay back insurance after a settlement? Yes, you typically must reimburse your health insurance company when you receive compensation from the at-fault party’s insurer.

What Impact Do Attorneys’ Fees Have on Subrogation Claims?

Alabama follows a common fund doctrine. Under this rule, health insurance companies that demand reimbursement through a subrogation claim must pay a portion of the injured party’s attorney fees. Any money you owe your health insurance company will be reduced by the portion of the attorney fees it owes.

Are There Ways to Minimize the Impact of Subrogation?

Our lawyers can help you keep a careful track of your medical bills and the amounts paid by your health insurance provider. That will help you know how much your insurance company may claim through subrogation and ensure that what you believe you owe matches its demands. Our attorneys may also be able to minimize the impact of subrogation by negotiating a lower payment amount.

Can an insurance company take back a settlement?

Once you sign an agreement with an insurance company, it is difficult to renegotiate. An insurer cannot take back a settlement, but you also cannot ask for more after you accept a settlement offer. It is vital to work with an experienced personal injury attorney who will consider all of your needs when negotiating an insurance settlement.

How Long Does Subrogation Take?

Timing is first based on the claims being represented by your insurance provider. A subrogation lien or claim letter might come from your insurance provider, detailing your personal injuries and how much to reimburse based on those discoveries.

The overall length of time it takes to complete the subrogation claim process depends on the complexity of the case, the amount of reimbursement being requested, and the cooperation of the parties involved. Getting guidance from a legal professional will help you navigate the process as efficiently as possible.

Our Alabama Personal Injury Lawyers Can Help with Your Case

The experienced personal injury attorneys at Morris, King & Hodge, P.C., stand ready to represent you throughout your personal injury claim. We can fight to maximize the compensation you deserve from at-fault parties. We can also safeguard your settlement by working to minimize subrogation claims from health insurance companies.

Contact us today for a free consultation to learn more about how we can protect your rights and financial future.

Attorney Joe A. King, Jr., has focused his law practice on representing injured people since graduating from law school and being admitted to the Alabama State Bar in 2000. During law school, Joe interned for the founder of Morris, King & Hodge, P.C., and joined the firm immediately after graduation. Joe and his colleagues at the law firm have secured more than $168 million for their clients since the firm’s founding.

 

During his more than a quarter-century of legal practice, Joe has earned numerous professional recognitions. He attained an AV Preeminent® rating from Martindale-Hubbell, a prestigious peer-rating organization for attorneys. The Best Lawyers in America© named Joe “Lawyer of the Year” in the category of Plaintiffs’ Personal Injury Litigation for Huntsville in 2026. He received similar accolades in other practice areas over the previous four years.

 

A native of Huntsville, Joe earned both his undergraduate and law degrees from the University of Alabama. In addition to efforts to raise awareness of the dangers of distracted driving, his professional and community commitments include serving as Secretary of the Madison County Bar Association (2007-2008) and serving on the Board of the Huntsville Child Care Center and the Board of Trustees for Trinity United Methodist Church.

 

Admitted to Alabama Bar: 2000

Years of Legal Experience: 26

Listed in The Best Lawyers in America®: 2018-Present

Listed as an Alabama Super Lawyer: 2016-Present