Legal Question in Personal Injury in Pennsylvania

Personal Injury Settlement Question

My step daughter was injured when she was a passenger in a drunk driving accident. She did not have any medical insurance at the time so her medical bills were paid partially by my car insurance and the remainder by medical assistance. My question is; if she gets a settlement from the insurance company of the drunk driver, must she pay back medical assistance from that settlement?


Asked on 4/03/09, 10:30 am

3 Answers from Attorneys

Mark Strauss Law Offices Of Mark R. Strauss, Esq.

Re: Personal Injury Settlement Question

Yes, but they may compromise with you over what you must pay back. You really should speak to an attorney before signing the release. She may be entitiled to further dollars through any policies in the household. If you sign a release before getting their "OK", you will forever prejudice those rights. If you'd like to discuss, give me a call.

Mark Strauss

Voted Pennsylvania Super-Lawyer - Rising Star by

Philadelphia Magazine.

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Answered on 4/03/09, 10:36 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Personal Injury Settlement Question

There really may be more levels of insurance than you are aware of. For example, sometimes, depending where you live, the city has money available to pay you. You should give our offices a call as soon as you can to discuss your options and your potential additional recovery.

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Answered on 4/03/09, 10:37 am
Thomas Matvey Palmieri & Matvey, PC

Re: Personal Injury Settlement Question

Mr. Strauss and Mr. Cevallos are correct in their responses to your question. The funds paid through a state sponsored medical insurance program will have to be paid back, the state has gotten very agressive in pursuing these claims. There are opportunities to reduce the lien through negotiations and it is also true that there may be underinsurance benefits available for your step-daughter. There can also be some complicated issues regarding multiple sources of underinsurance benefits available if the injuries warrant significant claims against multiple insurance companies. http://www.matveylaw.com

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Answered on 4/03/09, 10:48 am


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