Can I file for medpay and recieve my settlement too?

Can I file for medpay and recieve my settlement too?

i was injured in an auto accident. i was the passenger in my friends car. i am filing a claim under her medpay coverage. i will also be receiving a settlement from the at fault party'-s insurance.the bills will be getting paid from my settlement as i will be getting that first. my question is can i still file a claim under the medpay?

ezlndyla

Ethics aside, it depends on the laws of the state you're in. I'm an adjuster who handles injury claims in Texas. We have two types of first party injury coverages available here. First party coverage is what you're claiming on the insurance policy of the car you were riding in.There's PIP coverage, which the first party insurer cannot get back from anyone if they make a payment. Here in Texas, you're allowed to "double-dip", meaning you can collect under PIP, and collect for the same expenses through the third party (other car) insurer's BI liability insurance.Med Pay is a little dicier, since the first party insurer is allowed to go after the third party to get their money back. If you settle with the 3rd party and the settlement includes payments for medical expenses, that means the first party insurer might come after you and you'll have to pay the money back.The NICB Crime database the above answerer refers to is accessible by pretty much all good insurance companies, and each insurer will likely know you have a claim open with the other. I use this as a negotiation strategy all the time, I.E., I know you're getting your bills paid by State Farm, so I'll only consider a certain portion of themAgain, this depends on the state that you're in... it's not necessarily fraudulent to double dip, but it might not be moral and contributes to higher insurance premiums for everyone. Check your state laws, specifically to see if Med Pay is "subrogatable" in your state, or if "double dipping" is permitted. Or if you're in Texas, I think I just answered your question.Source(s):Claims Adjuster for one of the top 5 companies in the U.S.....

Kerry

No, ethically, you should not be able to get money from both. You have no reason to file a medpay claim, as your other settlement is being substantiated by those medical bills. Please do the right thing and don't double dip, it's why insurance rates are so out of control.Flip to this, if your medpay was going first, you could have them pay those, then present the medical bills as proof of your injury to the other carrier, and go ahead with the "Pain and Suffering" part of your claim.Oh, and one more thing might interest you. Once you have a claim you go into the NICB CRIME database. That means that when you go to file your medpay claim, they'll index you (most insurance systems do it automatically) and they'll happen to find another auto claim for your name, for the same day. That could result in criminal charges against you for fraud.

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