Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Reviewed by Jeffrey Johnson
Managing Editor & Insurance Lawyer

UPDATED: Jan 23, 2012

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Insurance Question from Anaheim, CA

Asked on 01/23/2012

If I get a settlement for the max of the policy, will I have to return any money after the fact if I get my bills reduced? I was offered a $30,000 settlement which is the policy max. It was an uninsured motorist claim. It doesn't cover all my damages but since its the max,i can't get any more money. Is it against the settlement to try and mitigate my damages after receiving the check? And if I do get my bills reduced and have money left over, do I have to return any money to the insurance company?

Answer given on January 24, 2012

If you were offered a full and final settlement, you will not have to give money back if your medical bills end up being less.  That is your money. Likewise, if the medical bills end up being more, you could not go back and get more money from the insurance company (if it were not the policy limits).  You state you were made an offer in this uninsured motorist claim.  There are times where other monies can be derived from your policy as well as assets from the liable uninsured party.  Make sure that you feel comfortable and understand the settlement fully.  Consider having an attorney review your claim.  Most consultations are free and having an expert tell you that the settlement is fair, would give you peace of mind.  If you would like to have your claim reviewed by an attorney in your area, click here.   


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