QUESTION
Must I reimburse Med Pay if I do not file injury claim?
Asked on Feb 04th, 2014 on Personal Injury - California
More details to this question:
If 1) my Med pay auto insurance coverage is $10,000, 2) my insurance company has paid $7,000 via Med pay to my Chiropractor, 3) I do not wish to fight the third party insurance, 4) I am not interested in pain and suffering, and 5) do not have lost wages, can I choose NOT to file an injury claim and thus not have to reimburse my insurer for the $7,000 Med pay payments? I ask this because their letter says if I file a claim, I must reimburse them. If I choose not to, I need to notify them. (binding arbitration for my vehicle found the guy who rear ended me 75% responsible for my car damages...third party insurer already saying they will not even pay 75% of injury...it’s going to mean a legal battle and it is not worth the stress to me). If I do not file a claim, can my insurance company go after the third party insurer to recover the $7k?
6 ANSWERS
Ronald A. Steinberg
I believe that you have the right to not sue.
Answered on Feb 10th, 2014 at 6:51 AM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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If you do not file a third party claim, then you do not have to reimburse med-pay for damages they paid for your medical bills. Med-pay is a policy that grants a right of subrogation to the insurance company for medical bills they paid on your behalf out of any third party settlement.
Answered on Feb 10th, 2014 at 6:50 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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No third party recovery no med pay reimbursement.
Answered on Feb 05th, 2014 at 2:29 PM
James Eugene Hasser
If you do not file or settle your injury claim, you do not have to pay med pay back. Good luck.
Answered on Feb 05th, 2014 at 2:28 PM
Your insurance company's rights depend entirely on the specific language of your auto insurance policy.
Answered on Feb 05th, 2014 at 2:28 PM
Thomas Edward Gates
Your insurance carrier can seek reimbursement for any money they have paid out. If you have been to binding arbitration, the matter relative to money and who pays has already been determined.
Answered on Feb 05th, 2014 at 2:28 PM