Q: Why would I have to pay my insurance money back for a medpay? I am getting ready to settle a auto accident. I'm not going to sign the final papers because my lawyer says in this settlement that he has to pay my medical bills back. Is that right? When it was the other guys fault i thought his insurance would pay. I'm not happy with the results anyway. I'm getting a low amount back.
A:You have to pay it back if your policy had a subrogation clause. If it did then the law requires you to repay a portion, not all but a portion and only if you were fully compensated. You get to deduct attorney fees and a pro rata share of the litigation expenses. There are instances where you don't have to pay anything back but it's more involved than this format allows. See a personal injury attorney.