Can I receive payment from at-fault driver's insurance for medical bills if I utilize my med-pay?

Asked 8 months ago - Fort Collins, CO

Rear ended 5 months ago by a commercial driver. Medical bills all paid for by my auto insurance carrier through Medical Payments coverage. Was told by my insurance company that they would not subrogate against the other carrier, but that Colorado allowed "double dip," and that the other carrier could be responsible to pay for medical bills, lost wages, and P&S directly to me. Is that truly the case in Colorado? Other questions on AVVO say yes, but I can't get a lawyer to answer me because it's less than $5k in medical bills. Can someone cite specific laws? Not trying for a big payday, just what is due under Colorado law. Thank you!!!

Attorney answers (2)

  1. Terry Ernest Rector

    Contributor Level 3

    Answered . Yes you can recover all medical expenses incurred (past and future), any wage loss (past and future), along with pain and suffering. Our office customarily prepares demands to the insurance company for settlement once you have completed treatment.

  2. Christian K. Lassen II


    Contributor Level 20


    Lawyer agrees

    Answered . You certainly can retain a local personal injury lawyer if you sustained injuries, as one of the biggest components of a settlement is "pain & suffering."

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