When you settle a case does PIP have to be paid back from the settlement money?

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Why do I have to pay back PIP out of my settlement money? I have a lawyer and they are waiting for me to settle, but I am freaking out that the medical bills that were paid for by the person who hit me have to come out of my final settlement amount. Is this correct?

Asked 11/19/2009 under Auto Accidents | 903 View(s) | More Legal Topics

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Auto Accidents Law Answers

Yes, that is correct--the amount you collect under PIP is offset against your settlement (or, if it had gone to trial and you won, your judgment). The reason you need to do this is simple: it's the law. The reasoning behind it--say that you receive $20k in PIP medical benefits which pay for your medical costs. Say you win a judgment or get a settlement of $100k that includes the $20k medical. If the PIP benefits are not offset vs. the settlement's medical portion, you would be double dipping--receiving $40k of compensation ($20k from PIP, $20k from the settlement) for $20k of medical costs.

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