Auto Insurance Claims: Medical Bill Reductions with PIP Carrier, health insurance carrier, health insurance company

Question
Hi, you were great with the first question I asked, so I wanted to follow-up with a second question if that's OK.  I was involved in an auto accident (other person's fault) and have PIP coverage through my own carrier, Geico.  I submitted pharmacy bills that had been paid by my health insurance carrier (BC/BS) and Geico is claiming they only need to pay for the co-pay amount.  In this case, my health insurance company paid $250, I paid $10.  Geico is claiming since BC/CS paid the prescription, that I am only eligible under PIP to get the co-pay.  The claims adjuster stated that in Maryland, BC/BS cannot come back after me for bills they have already paid.  They have no issues with the medical bills, just the pharmacy bills.  I don't want to be responsible for the $250 that BC/BS paid - this just does not seem right.  The only two factors seem to be that this is PIP and they are pharmacy bills.  Something smells fishy.  Thanks in advance for the reply!!!

Answer
PIP coverage is primary over health insurance in Maryland.  The adjuster is incorrect in stating that BC/BS cannot come after you for bills related to the accident.  They could choose to assert a lien against your 3rd party liability claim against the at fault party.

However, the likelihood is very strong this will never occur.  BC/BS would probably not make the connection on a pharmacy bill, since there are no medical records associated with it.  

In my opinion, GEICO should pay the full amount of your pharmacy bills, not just the co-pay.  I believe there is case law in Maryland supporting this, although I do not have the information with me - i just seem to recall it a few years back.  I would complain to the supervisor, and advise you intend to file a MD Insurance Administration complaint if they do not pay.  And then follow through if needed.

The other part of this is you should make a liability claim for your injuries with the at fault insurer.  You can be compensated for medical bills, lost wages, and an additional amount for pain/suffering/inconvenience.  This settlement is unrelated and not reduced by the PIP payments.  However, BC/BS could assert a lien against this settlement.  But like I said, not likely.