by Guest » Sun May 23, 2010 01:20 am
I was involved in a head on collison 10/5/09 (other driver at fault) both vehicles 2009 models were deemed a total loss. Other driver's carrier paid off my vehicle. I have been in physical therapy since the accident and now have been released by my doctors and physical therapist.
The first 10k of medical bills (ER visit at that up) were paid by my PIP and then my regular health insurance has been paying for the rests. Each visit I paid my co pays which have added up. Total medical bills have exceeded 20k.
When I settled my injury claim do I have to pay back my insurance company for the money they paid for medical bills (10K)?
What if any is my responsibility to my own insurance company regarding a settlement with the at fault's insurance company?
Thanks
The first 10k of medical bills (ER visit at that up) were paid by my PIP and then my regular health insurance has been paying for the rests. Each visit I paid my co pays which have added up. Total medical bills have exceeded 20k.
When I settled my injury claim do I have to pay back my insurance company for the money they paid for medical bills (10K)?
What if any is my responsibility to my own insurance company regarding a settlement with the at fault's insurance company?
Thanks
Posted: Sun May 23, 2010 05:37 am Post Subject:
From what I could see your PIP carrier has a right of recovery (unless the other carrier pays their limits). As such, your carrier would.should file a lien with the other person's carrier so that they can be paid directly. You need to check on this. I'm guessing your health carrier can also seek recovery but it's up to them to either file a lien with the other carrier or they could ask you to pay back the amount they paid. In my experience it's 50/50 if your health carrier seeks recovery but regardless, you should not take a reduction in your settlement if they have not filed a lien. That is, if they are not being paid directly by the other carrier you should expect them to collect from you. They may not... but I'd keep that money in the bank. Also, if they do want to collect from you, I'd see about having them reduce their lien. Just tell them that you did not collect as much as you should have so you are willing to pay them but asking that they reduce their amount.
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