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?
Car / Auto Accident Lawyer
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
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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Car / Auto Accident Lawyer
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.
Best bet is to have a local lawyer review everything......
Personal Injury Lawyer
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.
Depends on the language contained in your friend's policy regarding medical payments.
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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.
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