I was rear ended and went to the ER. I do not have a lawyer. The ER wants me to pay the bill and will agree to settle for about half instead of waiting for me to receive my settlement as I do not have health insurance or medpay. If I settle with the ER now will that reduce the amount I get reimbursed in my settlement from the at fault driver's insurance?
Insurance companies are required to pay the amount billed by the medical provider.
This response is informational only. No attorney-client relationship is formed, implied, nor intended.
Your settlement should be based on the billed amount, even if you (or your health insurance company) pay less. If your case goes to trial, the billed amount (without discount) will be the amount used as evidence. If you have a substantial claim, you should get a lawyer.
Q: "If I settle with the ER now will that reduce the amount I get reimbursed in my settlement from the at fault driver's insurance?"
A: No, Colorado law requires that the insurance company pay on the "billed" basis, not the "paid" basis; therefore, you will not see a reduction in your settlement offer. However, because you don't have a lawyer, you might be leaving money on the table. Why don't you have a lawyer on this case?
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