Can my medical insurance demand money back from a car accident?

UPDATED: Sep 30, 2022

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Can my medical insurance demand money back from a car accident?

A year after receiving a settlement for a car accident that was not our fault, my medical insurance is demanding their money back. We have used the money to pay off all of our medical bills and a few other personal bills.

Asked on March 4, 2016 under Insurance Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They can get back any portion of the settlement that was for medical care which they already paid for: you are not allowed to be double paid for the same care. So say that $10,000 of the settlement was for a hospital stay for which the insurer paid $5,000; they could get $5,000 from you to reimburse them for what they paid. They cannot get amounts from you that they did not pay out for you, however; their right is to reimbursement, essentially, of what they paid, not to profit from your settlement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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