Legal Question in Personal Injury in Mississippi

Re: car accident

Like anything else, the amount you pay back (lawyers call this subrogation) is negotiable. The Supreme Court has come down recently with some law that may be helpful in blunting the full demand.

At this time do not, I repeat do not, sign a lien or any agreement to pay that money back. This is still a bargaining chip. Do not give it up early.

This pay back claim is based on the idea that you should be paid only once for each claim. For example, if you have worker's comp pay the hospital bill, then it would not be fair to claim it a second time from another insurance company. So, the theory is fairness. Where it gets sticky is for pain and suffering. Workers Comp doesn't cover that but the auto insurance does. Workers comp will claim all the money but if the insurance is for something that workers comp doesn't cover then the theory breaks down and you may get to keep the money.

So, it's time to negotiate.