Legal Question in Personal Injury in California

Re: Med Pay

I saw the response from atty Robert Reed and that is correct. But you can negotiate a reduction with your company depending upon your total medical bills, the amount of your settlement, etc, if the Med Pay payback will result in a hardship. Also, with both companies the same, you can settle with the other side with a condition that the company (the same as yours) waives the med pay reimbursement.

Re: Med Pay

1) It is stated in your policy. Some insurance policies do not ask you to reimburse medpay. If you inquire about new auto insurance, ask if medical payments coverage is reimburseable.

2) The theory is double recovery. The concept of your bodily injury damage settlement includes the idea that you are recovering all costs associated with your claim, which includes medical bills. The law does not allow you to receive the medical bills from the defense insurance company, while also getting the treatment paid for by another third party (your own ins. co).

The exception here, of course, is if your policy indicates that medpay is not reimburseable.

Hope that helps...