Hi - I seem to recall you posted this question. Your attorney should address these issues. Improper and probably unethical for an attorney to give advise to another attorney's client. Sorry
The carrier can only try to recoup the $5,000 of additional PIP payments. I agree that the initial $50,000 of no-fault payments is free and clear. If you are contemplating making a SUM claim, you must put your carrier on notice as soon as is reasonably possible; settle for the full amount of the other car's policy and first get permission from your carrier before settling the case with the other car's insurance company. If you don't, you are in breach of your own policy and your carrier will deny your claim. Also, be aware that your carrier will use the settlement with the other car as a setoff in your SUM claim. Most, important, make sure you an experienced and competent personal injury attorney.
You should speak with your attorney regarding the particular details of your circumstances.
[In accordance with the community guidelines of Avvo, the foregoing writing is not "legal advice", nor does it form an attorney-client relationship.]
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