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The fact that there is insurance does not interfere with your ability to recover.

Because the law wants to encourage people to take out insurance, the fact that you have health insurance does not interfere with your ability to recover. If you collect your medical expenses from your insurance carrier you may still collect from the wrongdoer. The law does not protect or reward the wrongdoer a benefit because you were smart and thoughtful enough to purchase insurance to protect you from harm or the cost of medical coverage. This rule is called the "collateral source rule" and it means that even though you have a second source of payment, the individual who was the cause of the injury cannot benefit by getting an offset as a result of the payment you receive.