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When Can Subrogation Occur?

When Can Subrogation Occur in Pennsylvania?

  1. Are you the victim of a motor vehicle accident caused by someone else’s negligence?
  2. Will you reach the maximum medical expense benefit under your Pennsylvania auto insurance coverage?
  3. Will your health care coverage pay any amount of your medical bills arising from the accident?
  4. Is your health care coverage provided by an employer-funded health plan, Medicaid or Medicare?

If you answered “yes” to the above questions, your health care coverage provider may require you to reimburse them for the payments it has made on your medical bills out of the money you recover for your injuries. This is a process called “subrogation.”

Your Pennsylvania automobile insurance is not allowed to seek subrogation from your recovery for the "medical benefit" payments it makes. However, if your "medical benefit" coverage is used up, any health care coverage you have may pay additional medical bills arising from the accident. Your health coverage provider may have the right to seek subrogation from your recovery if:

Contact our Erie motor vehicle accident attorneys to learn more about this unique area of the law.