Will Health Insurance Take Money from Bodily Injury Claim

[Wesblog]

My younger brother was hit riding his sc

[www.utlawhelp.com]

I could not read your entire post so I'll just answer the question in the title.

The answer is: maybe.

In order to take money from the car settlement the insurance company must have a contractual right to do so. Most insurance policies are written to give you the contractual right. Some health insurance, like worker's comp, medicaid, VA benefits are given a statutory right to be reimbursed. Assuming the health insurance is contractually or statutorility entitled to get reimbursed, the next question is whether the right to reimbursement is valid and enforceable under the law. To answer that question, you need to determine what law applies. ERISA contracts are governed by federal law while other contracts are governed by State law. Generally, federal law gives health insurers the right to be reimbursed 100%. Although, medicaid, medicare might need to be reduced by attorneys fees and even prorated if the settlement is insufficent.
Many States require health insurance companies to prorate, or even eliminate, their reimbursement if the policy limits are too low. Many States require the health insurer to pay a fair share toward attorney fees.
If the health reimbursement is higher than the recovery and the health insurer is entitled to reimbursement without reduction (like in ERISA) cases, you can still sometimes get them to reduce their lien by telling them that you will not pursue the case unless they reduce their lien. That is kind of a scorched earth approach but it often times works.
I know this answer is complicated, a full explanation could fill a book. I hope this gets you headed in the right direction.
Good luck.

[Wesblog]

Thank you for the answer. I don't know why my question was cut off.

Unfortunately, I am assuming the medical costs for 2 weeks in the ICU and multiple surgeries followed by rehabilitation will greatly exceed any standard bodily insurance limits on car insurance.

From your answer I gather little, if any, settlement money will reach the victim. Do you know if it is possible to argue the "made whole" doctrine in Georgia? The victim will lose his legs, so no amount of health care will ever fully compensate him.

Thanks again for your help.

Also, is bodily injury the only restitution the victim can claim? He can no longer work as a server or attend college and will lose his tuition payments. The vehicle he was driving was also damaged.

Would these items be separate claims against the insurance company? Or would they all be rolled into one claim that could not exceed the 100,000 bodily injury limits?

[PandorasBox]

Ok, the question is a little difficult to read. Let me see if I understand it: Your brother was hit riding his scooter and lost his legs? Is that the case? And he can no longer work his job?

Also, what state?