Auto Insurance Claims: PIP repayment, PIP Subrogation in Washington

Question
I was injured in an accident, settled , and now am told I must repay my insurer the $10,000 PIP! Is this legal in Washington State?
Most people I have told this think I Must Be Mistaken! What is the Truth ?

Answer
I like the questions that challenge my knowledge, hehe. . . I will show you the truth. . .

PIP: PIP carrier has right to be reimbursed for PIP payments made to fault-free insured where the policy so provides. Mahler v. Szucs, 957 P.2d 632 (Wash. 1998). A PIP carrier can  also recover from an insured's UIM benefits (usually UIM carrier and insured agree that PIP carrier will only pay common fund fees).  Winters v. State Farm Mut. Auto. Ins. Co., 994 P.2d 881 (Wash. App. 2000). This right of reimbursement extends to UM benefits also. Hamm v. State Farm, 88 P.3d 395 (Wash. 2004).

This information came from the great subrogation attorney's (Gary Wickert), website.  


I hope this helps!