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It depends on the STD contract, so whether or not they can do this can vary from contract to contract.

The first step is to ask the STD insurance company to provide you with the exact wording in their policy which states that their liability is reduced due to auto insurance benefits and/or settlements. Typically such provisions will exist, but almost always it will specify that the reduction only includes the portion of the auto insurance payments that are made for lost wages (or "wage loss benefits" as they are often called). Other monies (such as for the damage to your car, for medical bills, your own lawyer's fees or pain and suffering if applicable) typically should NOT affect your STD benefit, even if they are co-mingled and paid out in a single check.

Not always, but often (especially in richer STD contracts), the STD policy will specify only that "No-Fault Wage Loss" (and/or "No-Fault Wage Loss Benefits required by a state or other jurisdiction") will reduce their benefit. These wordings provide a higher (narrower) standard than just merely considering any wage loss benefits, and is a difference worth paying attention to. Whether or not the payments are No-Fault Wage Loss benefits vs. just regular Wage Loss benefits is something probably only the auto insurance company can answer, as it can get very complicated: Some states require no-fault wage loss coverage, some make it optional with special consequences, and driving in a state other than where you live, driving a rental car, a company-owned car, or simply a car that you do not own could also affect exactly what sort of wage loss benefits you are entitled to and how they are characterized.

If the disability claims analyst is good at their job, they will verify with the auto insurer what the payments actually represent before making their determination. Most of the time they are correct, and it is likely that you will indeed need to pay some or all of those monies back to the STD insurer. That being said, I have seen in a few rare cases where the STD carrier attempted to collect wage loss auto benefits based on assumptions without actually verifying the details, and ended up being wrong. For example, if the no-fault wage loss auto benefits were purchased voluntarily (not required by law) and the STD analyst doesn't even realize that option is possible, they may make certain assumptions about how it is treated just because they've never seen it any other way. Due to the wording in the STD contract, it is possible that such (voluntary) wage-loss benefits in fact could meet the STD contract's definition of other individual (non-group) STD insurance and therefore untouchable, even though it happened to be purchased through an auto carrier.

So you need to be careful and verify it yourself with the auto insurer, STD policy in hand, before you will know for sure if its being handled correctly. Contacting your insurance broker and/or an attorney may also provide you with additional counsel and advice.

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Q: You received short term disability from your work place for a car accident if you settle with the insurance company that is responsible do you have to pay back the short term disability check?
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