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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111550
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I live in a PIP state. I was hit by a car in a non-PIP

Customer Question

I live in a PIP state. I was hit by a car in a non-PIP state. My auto insurer paid for my medical bills. The insurance company of the person who hit me just offered me a settlement. They do know my insurance company paid my medical bills, but I just can't tie to the amount they're offering me. Seems like they've made an error. When all is signed and settled, can they come after me for a clawback? Can my insurer claim that some of the settlement should be paid to them and come after me to repay what they already paid?
Submitted: 6 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Because state laws differ and society is so mobile lately, when an accident occurs, the law of the state where the accident occurs is the state law that applies to the insurance coverage. So at this point, if they are paying you what your insurance already paid out, you would be responsible for reimbursing your insurer under your insurance company's right to subrogation (since they paid for something a third party was liable for and paid for). So even though you are being paid that amount including what your insurer paid, under the terms of your policy, you are liable to notify your insurer and reimburse them what your insurer paid out on the claim.