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Can my health insurer reclaim money from a PIP settlement?
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After a car accident, my medical bills were paid partly through PIP and partly through my health insurance. The PIP limit has now been reached, and the auto insurer is discussing a settlement for the remaining injury claim.
I’m trying to determine whether my health insurer can seek reimbursement from that settlement. I haven’t accepted anything yet, but I’ve received a letter mentioning coordination of benefits and possible reimbursement or subrogation rights. It doesn’t clearly say whether it’s a lien, an assignment of benefits, or just a request for information.
What should I check before signing a settlement?
- Which insurer is considered primary under the law and my policies?
- Does it matter that PIP paid some bills before health insurance paid others?
- Should I request an itemized payment history and a written lien or reimbursement amount from the health insurer?
- Can unpaid deductibles, copayments, rehabilitation expenses, or disputed medical bills affect the final calculation?
I realize the settlement amount wouldn’t necessarily all belong to me if an insurer has valid repayment rights. I’m mainly trying to avoid resolving the auto claim and then discovering that medical bills or a reimbursement claim are still outstanding. The answer may depend on the state, whether the auto coverage is PIP or medical-payments coverage, and the exact policy language, so what documents would be most useful to compare?