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Do I need to reimburse medical payments paid by driver's insurance company since I was a passenger from my settlement?

Fresno, CA |

My friend and I got into a car accident. My friend was the driver. The other party was at fault. My medical bills were paid by my friend's insurance company. I received a small settlement amount from the at fault other party's company. Would I need to reimburse the medical payments made by my friend's insurance company? There was no lien from my friend's car insurance company on my claim, so since there was no lien, do I still need to pay it back?

Attorney Answers 8

  1. Typically the PIP carrier has a right of subrogation. There are a number of ways to reduce or defeat its claim. Worthwhile for you to speak with local counsel about this issue. AVVO has a tool to help you find a lawyer:

  2. Without reviewing the terms of the policy, there is no way for you to verify whether the medical payment benefits are reimbursable. You should have verified this fact before agreeing to a settlement. If the benefits are reimbursable, you may expose yourself to a claim and or a lawsuit if the benefits paid back. Best of luck!

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  3. By accepting medical payments, you may have agreed to reimburse your friend's insurance company from the proceeds of any settlement. Even if there is no lien, you may still be liable.

    In order to answer your question, it would be necessary to review the terms of the insurance policy and any documents you may have signed. Did you have an attorney assist you with your claims? If so, he or she should be able to help you address this issue.

  4. Best bet is to have a local lawyer review everything......

  5. Depends of the insurance policy - every insurance company is different & even their claims handling of medical payments reimbursement varies - you should consult a local attorney to review your claim

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  6. Depends on the language contained in your friend's policy regarding medical payments.

    No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  7. It depends on a few factors. What the language in the policy says is really the most important. Hire an experienced lawyer to review the policy. This is one of the reasons we suggest to never go it alone. The insurance company does not have your best interest in mind.

  8. It sounds like that your friend's policy of insurance had medical payments coverage. If that is the case, than those funds are generally no-fault monies that need not be reimbursed. However, you should consult a lawyer to make an educated determination with regard to reimbursement of said funds.

    John E. Kelly, Esq.
    1 East Washington Street, Suite 500
    Phoenix, Arizona 85004
    (602) 283-4122

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