James Todd Tenge’s Answers

You ought to familiarize yourself with CRS 10-1-135, as well as the general law on health carrier subrogation/reimburseement, ERISA, made whole, common fund, etc. If you need help, please call. This is what we do every day. I believe i have an AVVO legal guide on subrogation.

No. The medpay carrier cannot subrogate against your settlement with the at fault driver, or if applicable, any underinsured motorist coverage you may recover either. Colorado Revised Statute 10-1-135.

The insurance company has a duty to act reasonably and with due diligence. So no, there is not an actual time limit set by statute. Three weeks is a bit long, but completely unusual. Generally, we document what they claim they need (assuming it is reasonable), and once we've provided it to them, we expect an answer quickly. Of course, you need to document this in writing. If it gets too long, then you simply indicate you will need to file suit against their insured to have a judge or jury...

I would concur with the other responding attorneys concerning the medical negligence aspect of your situation. However, if the original motorcycle accident was the result of someone else's negligence, you may be better off pursuing the motorcycle accident claim against the at fault driver. The law considers that bad medical outcomes from accident related treatment does happen. Thus, you would be able to collect the full extent of your injuries, damages and losses from the original at fault...

There are a number of issues here. You would be wise to hire a personal injury attorney to look into all this for you. Briefly, you will need to verify he didn't have coverage. Just because he failed to have proof doesn't necessarily mean he was not covered. Keep in mind, you always have the option to file a lawsuit against him personally and seek a recovery from his assets. Thus, you would want to perform a basic asset check on him (they run around $200-$250 and your lawyer would do it...

You can expect, and you should receive, much more than your deductible. You are entitled to damages (i.e. money) for pain and suffering, medical expenses (past and future), lost wages, any permanent impairment or disfigurement you may have suffered, and other things. Basically, anything that you can prove is a "consequence" of the underlying accident and your resulting injuries is compensable. You really ought to contact a skilled, experienced and knowledgeable injury attorney in your area...

First, if the car accident was not your fault, you will definitely need to hire a skilled, experienced injury lawyer to bring a claim on your behalf. Your injury counsel would be able to assist you with the ADA (Americans with Disabilities Act) issues as well. If the car accident was your fault, then you should consult a social security/disability lawyer. No matter what, you will need your treating provider(s) to issue a report (if there office notes are not sufficient) indicating you are...

She was negligent, so the responsibility is hers. However, assuming she was a "permissive user" of the car, which it sounds like she was if it was her boyfriend's car, then his insurance on the car (liability and property damage insurance follows the car) will pay your injuries, damages and losses (bodily injury and property) up to the maximum allowed on his policy. You should hire counsel, especially if you ahve been injured.

They should do this upon your written request.

I am sorry to hear of your injuries and situation. I have practiced injury law in Colorado for 19 years. I would agree that low property damage cases are tougher than high property damage cases. However, injury to the car does not equate to injury to the person. This is a medical/physiological fact. Conversely, there is no medical science to support that just because the car is minimally damaged the occupant either wansn't hurt, or was hurt minimally. In my opinion, you haven't contacted...