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If I was involved in a car accident in California where I am 50% liable, can I keep my med pay since the settlement amount that

Garden Grove, CA |

If I was involved in a car accident in California where I am 50% liable, can I keep my med pay since the settlement amount that I was offered doesn't cover all of my medical bills? If so, how? Are there any laws that says that I can keep all of it? I'm currently looking at the Made Whole Doctrine.

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Attorney answers 2

Posted

It is impossible to answer this question without looking at the policy language of your auto insurance policy (i.e. the reimbursement provision concerning med-pay.) I say this because the Make Whole rule can be expressly waived in the policy language. If it is, then it will not be a complete defense to your insurer's right to reimbursement. If it is not, then you can argue you are entitled to a waiver. You may also want to look at the reimbursement provision to see if they discount for comparative fault.

Legal disclaimer: Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Posted

It sounds like you may have received money from the other party's insurance company and are trying to keep that plus the med pay from your own carrier. If this is the case, it is possible. You are on the right track with looking at the "made whole doctrine". I would argue that you haven't even received enough to cover your medical expenses much less your general damages and, therefore, have not been "made whole" which is a prerequisite to reimbursement.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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