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injured in a car accident and your health insurance carrier pays $10,000.00

in medical expenses, if there is a contractual provision in the health
insurance policy requiring reimbursement, then your health insurance

carrier’s subrogation interest must be satisfied at the time of the settlement.
This means that you must repay your health insurance carrier the amount
provided in the contract. However, the extent of a healthcare insurance

company’s right to receive reimbursement may be limited. This depends
on whether the health care policy is governed by state or federal law. In

general, if the policy is governed by Georgia law, then the insurer is
subject to the “made whole doctrine”, which means that an insurer will not
receive any of the proceeds from the settlement of a claim, except to the

extent that the settlement funds exceed the amount necessary to fully
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compensate you for your losses. If the policy is governed by federal law,
then the insurer has greater rights to reimbursement and may not be subject

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to the made whole doctrine.
Medicaid, Medicare or Tricare Liens. Medicare, Medicaid and
Tricare also assert liens over personal injury settlements. Generally,

Medicare, Medicaid and Tricare require claimants to reimburse what they
pay in medical expenses upon settlement. Typically, once a claimant has

finished treating for his or her injuries, Medicare, Medicaid or Tricare will
provide the claimant a list of all bills that have been identified as associated
with the automobile accident. Upon settlement, the claimant must repay

Medicare, Medicaid or Tricare any bills that were paid on the claimant’s
behalf. However, these amounts are usually negotiable.

Workers’ Compensation Subrogation. If you are injured by a
third party while on the job, you may have both a claim against a third

15 O.C.G.A. § 33-24-56.1 (2013).
16 See Cagle v. Bruner, 112 F.3d 1510 (11th Cir. 1997).
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