The Fourth Appellate District reversed an order and remanded. The court held that, under the collateral source rule, a personal injury plaintiff with private health insurance may recover as part of her economic damages the negotiated rate differential between the full amount of her medical bills and the amount the medical providers accept as payment in full pursuant to agreements with the health insurer.
Rebecca Howell sustained serious injuries in a vehicle accident caused by the negligent driving of an employee of Hamilton Meats & Provisions, Inc. At the time of the accident, Howell had private health care insurance through PacifiCare. PacifiCare had agreed to indemnify Howell for any medical charges covered by her health plan in exchange for her premium payments, subject to deductibles and copayments, and PacifiCare, as part of its business practice, entered into agreements with hospitals and other health care providers to satisfy any bills incurred by PacifiCare members who obtained care from those providers.
