by laura_rod » Sun Dec 18, 2011 08:23 am
was in an auto accident in nov 2008. the at fault driver had the min coverage. in nov 2011 they settled for the max coverage amount and informed me that colorado law stated that I am not required to pay anything to ingenix so he paid settlement amount in full to me. additionaly, this has now transfered to my underinsured policy as i continue rehab for the injuries sustained in the accident. it is now dec 2011 and i am receiving corespondence from ingenix requesting status and money. Did the at fault drivers insurance tell me an accurate description of colorado ins law. he claimed that I didnt owe them anything and stated something to the effect that I was not made whole or if ingenix took money from me i wouldnt be made whole. is this true?
Posted: Sun Dec 18, 2011 10:04 pm Post Subject:
I don't know CO law and I don't know if anyone where can say for sure but why not do this.. call Ingenix and let them know of the situation. Let them know that you've not been made whole and, as you understand it, you therefore don't owe them payment. See what they say.
Actually it would appears that this information is correct but I could only find reference to the Bill, not the law. I'm guessing over the past year it might have been made a law:
http://www.coloradolaw.net/blog/insurance/governor-signs-landmark-make-whole-bill-into-law-866605/
Keep in mind that your UM settlement will probably make you whole.
What you'd need to do in that case is get a settlement number from your UM, don't actually accept it, then go back to your health carrier and negotiation a reduced payment to them. Tell them something such as you won't be getting much money from your UM carrier other than to address your current bills.
You may want to ask an attorney how long you have before the Statute of Limitations runs on your UM claim. I _think_ it's 3 years from the date you settled the BI claim. An attorneys office should be able to tell you on the phone. Your UM carrier should be able to give you this info as well. They really have the obligation to warn you well before this Statute of up. That is, since they know the law they cannot try to let this time limit just expire in order to get out of the claim.
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