Can my Med Pay insurer subrogate on a settlement with the at fault party's insurance company?

Asked about 3 years ago - Englewood, CO

I was in an auto accident earlier in the year and I used the Med Pay coverage from my insurer to handle my medical bills. All my bills have been paid; however, now the insurance company of the at fault driver has made a settlement offer. I have not signed their settlement as the document states that I "do not have the right of subrogation" after signing the document. When I inquried about this, they said that my insurance company cannot come after me for any of the settlement amount to recover what they paid via Med Pay due to a law in Colorado that states as of January 1, 2009, insurers cannot subrogate Med Pay payments. I have had the Med Pay on my policy well before the 2009 law, so can my insurer still ask me to pay them back for my medical bills? Thank you for your response.

Attorney answers (4)

  1. James Todd Tenge

    Pro

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . 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.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Never deal with an insurance company directly, as they can be sneaky. Search Avvo for a lawyer in your state to handle.

    Click on name or picture to see profile page.
  3. Joseph Jonathan Brophy

    Contributor Level 20

    Answered . You need to consult with an attorney in your state about this. You need to assume that any insurance company that is settling with you will try to take advantage of you. Without a lawyer you are at their mercy. Insurance companies don't have any reservations about taking advantage of people. There is a good chance that the settlement they are offering you is much less than you could get if represented and that you may be violating a provision of your own insurance policy if you sign a settlement agreement that affects their subrogation rights. Please take this question to a good plaintiff's personal injury lawyer before you sign anything.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Why would you believe anything the adverse insurance carrier tells you without checking with your own attorney? The adverse carrier is not your friend nor your attorney. You should speak with a personal injury attorney in Colorado who is familiar with your state law.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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