Q Does the negligent party who injured me get the benefit of my health insurance?
No. Under North Carolina law, the benefit you receive from your health insurance policy is considered a “collateral source.” You are entitled to the full benefit of this health insurance in addition to whatever you recover from the negligent party for causing your injuries.
The negligent party who injured you is obligated to pay you for the full amount of your loss. You are entitled to recover this amount in addition to whatever benefits you are entitled to as the result of insurance you have paid for or which has been paid for you by your employer or some other third party.
As of this writing, the negligent party does not get the benefit of your insurance. However, people in the North Carolina General Assembly may feel differently. These legislators might argue that North Carolina’s law should be changed and that any sums you get from your claim against the negligent party for your injuries should be reduced by the amount of the insurance that you have paid for. In effect, this would give the negligent party, including drunk drivers, the benefit of the insurance you have paid for.
If you do not feel it would be fair to change the law in order to benefit negligent drivers, you should be on the lookout for any attempt by any elected representative to change the law in such a way that the benefits you are entitled to recover from a negligent driver for injuring you should not be reduced. Vote accordingly!