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It's uncommon, but it can happen. It is possible that one of several things may have happened:

  • They may have paid an incorrect amount of money, but this is rare.
  • They may have received new evidence that changes the liability of their client
  • They may have paid you pending investigation results that they fully expected to go one way, but which end up going another unexpected way.

There are other possibilities, but these are very rare. Under most circumstances, the insurance company will consider the case closed and settled once the check is cut, but it is possible that they may want some of the money back.

Basically, there is no legal requirement for you to return any of the money that they already paid you. Simply tell them that you have already cashed the check and used the money. If they insist, tell them to sue you, or to send it to collections. Especially if it is a small amount they want back (typically less than $100), it will cost them more to litigate or send to collections than what they would get back, so in that case there's nothing to worry about because it will never get to collections. If it is a larger amount, they may send it to collections. If it is sent to collections, you can fight it. If they file a lawsuit, hire a personal injury lawyer.

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Q: Can an insurance company send you a settlement check then say they want some of the money back and you have already cashed the check?
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