I was in an accident of April 2023. My insurance company and my lawyer up until this point have been unable to contact the other’s insurance with any compensation. So my insurance and health insurance has paid everything so far. The guy also did not show up to court for his ticket.
About a month ago my lawyer sent the other insurance final warning or we were taking them to court which they now offered a settlement a month later still denying liability even though we have the police report. They lowballed the offer by quite a bit. I’m talking to my lawyer this coming week but just want to know what I have to pay back to insurance. I know I will have to pay back my health insurance but do I owe my car insurance money they gave me for totalling the car? And whatever else they payed? Any advice helps.
Anyone know what has to be payed back in an auto insurance claim?
byu/whittyass inInsurance
Posted by whittyass
4 Comments
It depends. Your lawyer is in the best place to answer these questions. Your insurer has subrogation rights for the property damage. Your health insurer has subrogation rights for the medical you get paid.
Your lawyer is going to take 30-40% of the final settlement as well. So hopefully you get enough to not be net negative.
Settlements will never indicate they are liable and almost always have language that it isn’t an admission of liability.
Just an FYI, police don’t determine liability.
I was a pedestrian waiting to cross at a crosswalk with flashing lights. 3-4 cars did not stop and finally one did. 3 stopped behind that one and another car did not even slow down and knocked 2 of the other 3 right through the crosswalk I saw this one coming and I happened to wave the first one through and they just missed getting hit. I would have been right in front of that one when the collision occurred.
The last car got a ticket for distracted driving as they were texting and driving. The other two that got hit were both arrested for impaired driving and they managed to stop properly.
>And whatever else they payed?
Paid*. Payed is a term used for sealing a deck out hull of a wooden boat with pitch or tar.
No, you don’t have to pay back what your insurance gave you for your totaled car. They will get that from the other party if subrogation is successful. Even if subro isn’t successful you don’t have to pay them back. You’re giving thousands of $$ to a lawyer and not going to make them earn it?
And the others are correct, police don’t determine fault, ticket or not.