Columbus, Ohio According to personal injury lawyer, David Bressman, a successful personal injury claim requires consideration not only of what the at-fault driver's insurance company will pay but also an assessment of who YOU have to pay back.You are injured, through no fault of your own, in an auto accident caused by another driver. Your medical bills are partially paid by your auto insurance (Medical Payments Coverage) and partially by your health insurance company. Both insurance companies will demand that they be reimbursed when you settle your accident claim. This is called "subrogation" or "right of reimbursement" or an "insurance lien." Whatever your particular policy calls it, it means that whoever paid your medical bills wants its money back when your case settles.
NOTE: Subrogation includes almost anyone who paid your bills such as the Bureau of Workers Compensation, CareSource, Medicaid or Medicare.
A trial lawyer understands the law and knows your rights and, often, will challenge the subrogation liens when there isn’t enough liability insurance to pay the claims.