Personal Injury Blog

Use Your Health Insurance Even When You Have a Personal Injury Claim

By: Matthew Tievsky

When a new client retains our firm after being injured by another person's negligence, we regularly advise the client to use health insurance to pay the medical bills, if the client has health insurance. The most obvious reason, of course, is that health insurance can be used to immediately pay some or all of the medical bills. Also, there is little down side: Using health insurance to pay your bills has no effect on the amount of money that the wrongdoer owes to you, as the victim. (In the legal system, this is known as the "collateral source" rule: The fact that a third party helps you with your bills, does not reduce the wrongdoer's legal liability.)

However, if you use your health insurance to pay a medical bill, and then recover payment for the same medical bill from the wrongdoer’s insurance company, then you may have pay your health insurance company back. It is still recommended to clients that they submit the bills to their health insurance, since this ensures the bills get paid, and could prevent the health care provider from sending you to collections while you wait for your personal injury case to resolve.

If you have specific questions about how health insurance affects a personal injury claim that you have, you should contact the personal injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., for a free consultation.