I was hit from behind just over 2 years ago, my car was totalled and i had significant soft tissue damage (back, neck, arm and hand) and spent 5 months in physio therapy, also suffered post traumatic stress disorder and had to see a physcologist. I was considered not at fault and the driver that hit me was charged with careless driving. I was paid accident benefits from the insurance company to cover my lost wages however they are now saying they have overpaid me and I owe them money. Can they do this? They received all the paperwork they required to determine the payouts so how could they have overpaid? Do I ignore them or will they cancel my car insurance?
2007-01-28 05:35:37 · 6 answers · asked by yzee 1 in Cars & Transportation ➔ Insurance & Registration
They can ask for the money back if they did overpay you. Ask them to prove it. If you owe them the money you owe them the money, but they have to be able to prove it.
But from what you write, it sounds like either you're leaving something out or you don't understand why they're asking you for the money back.
If you received duplicate benefits under 2 seperate coverages, then yes they can ask for the money back because 1st coverages prevent one from receiving multiple payments for the same "damage."
2007-01-28 12:27:12 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
Well first of all the insurer that would have overpaid would have been the OTHER DRIVER'S insurer...since they were at fault in the accident.
It is that company that overpaid.
Second of all....if they overpaid you....then YES you do owe them money unless you can prove they paid you correctly when they try to prove that they overpaid you.
Your car insurance won't get cancelled because the other driver's insurer is the one you should be dealing with....
(unless you live in a no-fault insurance state....where your insurer would be paying the wage loss benefits up to the limit....in that case...you would not be able to be cancelled by them for not repaying. You can get cancelled for not paying your premiums, though, so make sure you keep those payments current even if you dispute the overpayment.).
2007-01-28 07:31:03 · answer #2 · answered by markmywordz 5 · 0⤊ 0⤋
If you were overpaid for lost wages, the insurance company can and will seek reimbursement from you...it is in their legal right to do so.
Perhaps they miscalculated your earnings or issued a duplicate check. Ask for documented proof of the overpayment.
If you were indeed overpaid, it will need to be reimbursed. Keeping any monies that you are not entitled to is insurance fraud.
If you were overpaid and choose to ignore the insurance company and not reimburse them, you can expect to hear from a collections attorney in the near future.
2007-01-28 07:24:11 · answer #3 · answered by scaminator63 2 · 1⤊ 0⤋
I had the same thing happen to me. Go to a good lawyer and sue for continuing damages if your injury is still bothering you. I got 10,000 in my settlement, thats the average for pain and suffering. Switch insurance companies and let them take you to court if they want money from you.
2007-01-28 09:38:03 · answer #4 · answered by Bruce 4 · 0⤊ 2⤋
Contact your insurance comapny and have them look into it. As long as you have proof of what you medical costs were they can't ask for money back.
2007-01-28 05:40:12 · answer #5 · answered by CctbOh 5 · 0⤊ 0⤋
Listen to me. Those guys are full of crap.
GET A LAWYER! This sounds cliche but you need to fight fire with fire.
Dont get soft on me and let them win! you have suffered enough!
2007-01-28 05:41:09 · answer #6 · answered by Ram 2 · 0⤊ 1⤋