What to do if I was rear-ended by someone with $25,000 injury maximum coverage but my bills are over $40,000?

UPDATED: Mar 13, 2013

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What to do if I was rear-ended by someone with $25,000 injury maximum coverage but my bills are over $40,000?

It has been determined by her insurance company she was at fault. My medical bills are at over $40,000. When I settle my claim and they give me $25,000 (her policy max) do I have to re-pay the $15,000 my PIP insurance paid out as well as what my health insurance covered? The woman that hit me is young has no assets so sueing her personally for the difference I believe would not be a worth while option. I have lost wages in excess of $8,000 of which I have not been reimbursed for $6,000 in medical bills that have not been paid not to mention pain and suffering.My insurance coverage is 50,000/100,000/50,000 if that makes any difference to the answer.

Asked on March 13, 2013 under Accident Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you consult with a personal injury attorney before you settle with the other party to go over whethe ror not you have uninsured or underinsured motorist coverage where your own policy may pay you for your damages. Note you do not have to settle with the other side at this time. The other side can contribute money in excess of his or her insurance policy limits.

You do not have to pay out the $15,000 that your PIP insurance paid out.

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