You are entitled to the entire value of your paid and/or outstanding medical expenses – whether these amounts are paid by you out-of-pocket, or by your insurance company. However, your health insurance contract likely contains a “subrogation agreement” or “right to reimbursement clause” which does affect your ultimate take-home settlement. The right to reimbursement clause entitles your health insurance to reimbursement of all amounts expended on treatment related to your accident. This reimbursement is only taken from a settlement or verdict (i.e. you are not personally responsible for reimbursing your health insurance out-of-pocket) and only to the extent that a third party was responsible for your injuries. For example, if you were 50% at fault for your injuries, your health insurance is only entitled to 50% reimbursement.
