Our first concern when an injured client comes into the office is getting them the medical treatment they need. As with any injury or ailment, their health insurance is often the first place they turn to get the medical treatment they need. But, does the person that caused the accident and your injuries get the benefit of your foresight to procure insurance and thereby get to avoid paying for your medical expenses?
Under Louisiana Law the answer is, in large part, no. The fact that you had health insurance that covered your medical expenses does not lessen the at fault drivers liability. They are still obligated to pay for all of your medical expenses. The so called “collateral source” rule, provides that your recovery from the at fault driver cannot be reduced because those expenses were paid by your health insurance.
The effect of the collateral source rule, is that you are entitled to recover the entire amount of your medical expenses from the at fault party, regardless of the fact that those expenses were paid by your health insurance. Importantly, you are entitled to recover the entire amount you are billed for that treatment, not just the reduced or negotiated amount that your insurance may have paid.
- Chris M. Short is an associate at Kiefer & Kiefer.
This is provided for informational purposes only and not for the purpose of providing legal advice.