Skip to main content

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

Posted

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: http://www.avvo.com/find-a-lawyer

Mark as helpful

16 lawyers agree

Posted

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!

Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

Mark as helpful

21 lawyers agree

1 comment

Fernando Davin Vargas

Fernando Davin Vargas

Posted

Correction: If the benefits are reimbursable, you may expose yourself to a claim and/or a lawsuit if the benefits are not paid back. Best of luck!

Posted

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.

Mark as helpful

12 lawyers agree

2 comments

Frederick Steven Schwartz

Frederick Steven Schwartz

Posted

You can try to argue that by returning the med-pay money you will not be "made whole" and that they should waive their right to reimbursement.

Peter Marion Steinberg

Peter Marion Steinberg

Posted

Insurance companies do not have the insureds best interest in mind. Consult an attorney to help you navigate through this situation.

Posted

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

Mark as helpful

14 lawyers agree

Posted

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.

Mark as helpful

9 lawyers agree

Posted

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.

Mark as helpful

9 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

Posted

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.
KELLY LAW TEAM, P.L.L.C.
1 East Washington Street, Suite 500
Phoenix, Arizona 85004
(602) 283-4122
jkphoenixpersonalinjuryattorney.com

Mark as helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics