Can my medical insurance demand money back from a car accident?
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Can my medical insurance demand money back from a car accident?
A year after receiving a settlement for a car accident that was not our fault, my medical insurance is demanding their money back. We have used the money to pay off all of our medical bills and a few other personal bills.
Asked on March 4, 2016 under Insurance Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They can get back any portion of the settlement that was for medical care which they already paid for: you are not allowed to be double paid for the same care. So say that $10,000 of the settlement was for a hospital stay for which the insurer paid $5,000; they could get $5,000 from you to reimburse them for what they paid. They cannot get amounts from you that they did not pay out for you, however; their right is to reimbursement, essentially, of what they paid, not to profit from your settlement.
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