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I was in an auto accident in NC. Claim was sent to arbitration and we won. Can I collect on the medical if my polcy paid?

Is it legal to collect twice?

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Attorney answers (2)

Reputation Level 20
Unfortunately I do not believe that you have provided enough information to answer your question. If you had an attorney at your arbitration, you should address your questions to him or her.



Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

Reputation Level 10
NC has the "collateral source rule," so you would be able to collect from the defendant's policy. However, your policy may have a right of subrogation or right of recovery depending on the type of policy and policy language. If so, you would be obligated to repay your own insurance company what it paid on your medicals.

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