Is my insurer entitled to a settlement that I received for my injuries?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my insurer entitled to a settlement that I received for my injuries?
Approximately 2 years ago I was in an auto accident; the other driver was found at fault. I suffered severe whiplash and a concussion. I have medical coverage and went through them for my medical needs. I paid all my co-pays and now they are seeking reimbursement from the settlement that I received 2 years ago. Can they do this?
Asked on February 24, 2012 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Some insurance carriers do require reimbursement. If you had known that your insurance carrier required reimbursement, the settlement amount should not have been accepted unless it was sufficient to cover reimbursement and to still leave you with adequate compensation for your injuries. It may be possible for you to negotiate with your insurance carrier and seek a reduction in the amount of the reimbursement.
If the settlement offers had been rejected, you could have sued the at-fault party for negligence, but since your case was settled, you won't be able to sue the at-fault party. A settlement includes a release of the claim against the opposing party.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.