Auto Insurance Claims: Car accident settlement, personal injury protection, due compensation


Question
My wife was in an accident last February. The at-fault party's insurance agreed to pay for everything. My wife recieved bills from all drs saying the bills were paid. They offered $22,000. Her lawyer said we would have to pay the medical bills back. Is this correct?

Answer
Aaron,

Thank you for the question.

Something doesn't sound correct. I am not an attorney nor am I familiar with your specific state's laws and I cannot and do not offer legal advice.

You may be in what's referred to as a "No-Fault" state whereby each party pays for their own medical bills under what is commonly referred to as Personal Injury Protection or PIP. Only when you breach the threshold (broken bone, permanent disability, scar, loss of limb etc.) can you file for a bodily injury claim for due compensation.

My best advise is to:

1. Ask your attorney to provide you, in writing, a full explanation as to why you would be required to reimburse the at-fault party's insurer for all medical bills they have paid of which were the result of their insured's liability?

2. If you don't receive ample response, seek legal counsel from another attorney or your state's Dept. of Insurance.

Thanks again, I hope you found this of some assistance!

Good luck and I hope your wife has a full and speedy recovery!