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Impact of Health Insurance in a Boca Raton Motorcycle Accident Case

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The impact of health insurance in a Boca Raton motorcycle accident case means that there will be less money for the individual to pay back. A person’s health insurance coverage can possibly take $20,000 of the recovery of a $100,000 medical bill, meaning the person who was injured only has to pay $20,000 back. A distinguished Boca Raton motorcycle accident lawyer can help any further questions you may have regarding the role of your insurance company in your case.

Health Insurance Relevance in Court

Vignette of a gavel in front of a judge reading from a court order

In a trial, depending on who paid for the medical care and treatment, there will be an issue as to how much can be presented to a jury by way of damages. There are intricacies involved in the presentation of a case to a jury but having health insurance does not limit the recovery of the person.

One impact of health insurance in a Boca Raton motorcycle accident case is that an individual will either recover the medical bills or they recover what the health insurance has paid and health insurance has to be paid back. The medical bills will need to be paid back. It does not limit or affect their recovery significantly except in trial where other factors come into play.

Role of a Medical Health Treatment

Doctor performing a visual test related to eye tracking on a woman to test for brain injuries

Under most circumstances, the impact of health insurance in a Boca Raton motorcycle accident cases can mean there is no payback requirement. Whatever has been paid as a recovery in an injury claim. Medicare has a federal right to reimbursement so Medicare or Medicaid pays for an individual’s medical health treatment. They have a lien on the case to be reimbursed and for the money to be paid to them.

Most health insurance policies have a rate of reimbursement or right of subrogation, meaning that if a person that injured the victim recovers money and their health insurance paid for their treatment, then they are obligated to pay their health insurer back. Generally speaking, it is a reduced amount. Depending on the policy, if it is something called an “ERISA plan,” they do not have to reduce the plan. Medicare and Medicaid will reduce it and most health insurance plans will take a reduction.

Typically, it is a pro-rata reduction of attorney’s fees and costs, meaning that whatever presented to cause the injured victim to recover their money. In other words, it will determine what percentage of attorney’s fees is paid, typically, the health providers, health insurers, and Medicare will reduce their lien with the right to reimbursement by the same percentage. They are giving a credit to the victim for recovering their money.

Avoiding Double Recovery

Two people shaking hands in a law office

Paying the insurance company back is contractual and also to prevent double recovery. If a person has $100,000 of medical bills and their health insurance pays for those medical bills. The injured person receives medical expenses that but they did not pay for. This means the individual is getting the money but they never paid it, which is called a double recovery. They recover it but someone else paid for it, that company should be paid back. If it is out of their pocket, then they should be covering it. This is only on as to the medical expenses that were paid. By contract, the insurance company has the right to be reimbursed.

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