What are my rights regarding an injury and payouts by both my auto and health insurers?

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What are my rights regarding an injury and payouts by both my auto and health insurers?

Approximately 2 years ago, I slammed my hand in my car door and required surgery, etc. I had full auto coverage and also the health policy I paid through my job benefits. I initially filed under my health coverage, then my auto insurer paid out because of my policy. I used the auto payment to pay the deductible and out of pocket amounts that my health coverage didn’t pay and the rest on other bills. Now my health coverage sent me a threatening letter wanting reimbursement for any overpayment amount. Am I liable to refund this after 2 years?

Asked on December 22, 2014 under Insurance Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if were overpaid, you are liable still after two years--in fact, you are likely liable for up to 6 years, since the claim would arise out of your insurance contract or policy, and the statute of limitations, or time to bring a lawsuit based on breach of contract, in your state is 6 years.

You are only entitled to recover in total an amount equal to your medical costs and other out-of-pocket expenses *directly* related to the injury. Any amounts over that you received, such as amounts spent "on other bills" due to the fact that you received payments from two different insurers, must be returned to the insurers.


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