Health Insurance Subrogation: Adding Insult To Injury

Personal injury victims are often shocked to learn that a portion of their personal injury recovery may have to be paid to their health insurance company as reimbursement for accident related medical charges that were paid by the health insurance company. The right of a health insurance company to recover payments made for accident-related health expenses is called the right of “subrogation.”

Until recently, the Texas “made whole” doctrine protected injury victims by providing that they should get paid first and be “made whole” before having to reimburse their health insurance companies. After all, why should a health insurance company get their payments back? They were paid a premium to provide the medical coverage. Read More