Health insurance can be extremely useful in the aftermath of a motorcycle accident, especially when someone is partially or wholly at fault for the collision. If you are 50 percent or more responsible for your own injuries, you would have to pay for your medical treatment yourself if it is not covered by your health insurance.
Even if you are less than 50 percent at fault for the accident, the compensation provided by the insurance company may still be reduced. For these and many other reasons, health insurance plays a crucial role in many Colorado Springs motorcycle accident cases.
Depending on their health insurance policy, as well as on local and federal law, a motorcycle accident victim may need to pay their health insurance company back out of their settlement once they are reimbursed for their medical expenses.
If someone’s coverage provider pays for their emergency room bill and they subsequently receive compensation through civil litigation, they have to pay that health insurance back virtually 100 percent of the time. That in turn limits their civil recovery, but a skilled lawyer may be able to negotiate with the health insurance companies and possibly reduce the amount that an injured motorcyclist owes.
Health insurance companies always ask for reimbursement of 100 percent of what they paid out, and it is up to the insured person to negotiate with them to reduce that percentage. Some Colorado insurance laws contradict certain federal laws, so it is important to discuss these procedures and obligations with an experienced Colorado Springs attorney who is familiar with the role of health insurance in motorcycle accidents.
In order to effectively help a motorcycle accident victim, an attorney would need to determine the type of insurance plan they have and whether it is governed by state or federal law, as this information would indicate what options are available for potentially reducing the amount of reimbursement they owe. While an injured motorcyclist should expect their coverage provider to request everything back, they can ask for reductions if they are properly informed and well-equipped.
When someone is involved in a motorcycle wreck with an uninsured driver, they may be able to have their injuries and damages covered by their own insurance company if they carry uninsured motorist coverage. If they do not carry uninsured motorist coverage, they usually have to pay for their own damages.
That being said, if someone is hit by an uninsured driver, the injured motorcyclist can sue the driver to recover damages. However, most uninsured drivers lack coverage because they do not have enough funds to pay for insurance, so they are likely not going to have enough to pay for the claimant’s medical bills either.
In that case, another option to recover certain bills is through the local district attorney’s office, the motorcyclist’s compensation fund, or a civil case. Through a successful civil claim, the defendant driver may be ordered to pay for the motorcyclist’s damages.
You should review your insurance policy to see what it covers in the event of a motorcycle accident long before you are involved in one. You should also be in touch with your insurance company if they deny payment following an accident, because they sometimes do so for unjustifiable reasons.
If you do not know which factors apply to your situation or when they might be applicable, you may end up waiting too long to resolve a problem or fail to resolve it correctly, and that could limit the recovery you may desperately need. Ultimately, it falls to you to make sure you get all the benefits you paid for from your health insurance company, so if you have any questions about how health insurance could impact your motorcycle accident case, you should contact a Colorado Springs lawyer sooner rather than later.