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Home  >  Articles  >  Do I Have to Reimburse My Insurer after a Settlement?

Do I Have to Reimburse My Insurer after a Settlement?

There are a slew of questions a person will face regarding their insurer after a personal injury settlement. In particular, insurers may provide financial assistance to an individual after a malpractice-related injury. This can become problematic, however, if a person later receives financial compensation for this injury through a medical malpractice lawsuit.

Reimbursement and Settlements

Different states have different laws regarding the role of insurers in medical malpractice settlements. Depending on the jurisdiction, an insurer may press a settlement winner to reimburse the insurance company for their coverage of his or her injury. This is a contentious issue in many states, and regulations may change based on the type of insurance as well as the conditions of the claim in question.

In many instances, the following regulations will apply:

  • Private insurers do not need to be reimbursed if no clause is present in the policy
  • If the policy explicitly requires reimbursement, it must be paid
  • Some settlement agreements will not require a plaintiff to reimburse their insurer
  • Medicaid and Medicare may need to be reimbursed

Some jurisdictions have specifically prohibited insurers from pursuing reimbursement out of a settlement. Others allow this practice, but with restrictions placed on how the insurance company can pursue this money.

Contact Us

The precise details of insurance reimbursement vary from state to state. To consult with an attorney regarding how reimbursement may affect you, contact the New Jersey medical malpractice lawyers of Levinson Axelrod, P.A., today at 800-346-5529.