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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UPDATED: May 26, 2012

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Insurance Question from Santa Monica, CA

Asked on 05/26/2012

My car ins wants the med pay reimbursed. Knowing I can negotiate payment amount, Do they need to know the amount I settled for? Not aware I needed to pay back the med pay, my insurance is asking for it back. They want a copy of check stub. Do they really need to know what i got? my med pay is $5,000 and I only have $1,000 saved that i offered them. Any advice please!thx

Answer given on May 26, 2012

In auto insurance the medical payments coverage is excess over any other collectible insurance. Your insurance company will pay, up to the limits of the policy, for your medical expenses, but they expect to be reimbursed if you collect from another party or company. You are not entitled to collect twice for the same loss.If your insurance company paid $5,000 then they are to be reimbursed that $5,000 amount. They can determine how much you were paid by the other company by simply contacting the other insurance company. It should have been explained to you how the medical payments coverage works, but it still is your responsibility to reimburse the company. You should not have spent it on other items. You may be able to work out a payment plan with your insurance company for the difference between what you still have and what you owe them. Discuss it with the adjuster.


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