How we usually feel
It’s natural to feel that the other party that caused your car accident should be responsible for the payments of your treatment. I get it. I totally understand how you feel. I’d feel the same way.
Reality Check
This is to explain how Colorado law actually works when it comes to car accidents.
Because there is no guarantee that the other person who caused your crash will actually have any insurance, Colorado decided to make it so your car insurance would be the one to pay for your medical treatments regardless of who was at fault or received a ticket.
This way you don’t have to be “up the creek without a paddle” when it comes to getting the care that you need.
That makes sense but I’m worried about my rates going up
Now some people may be concerned that their insurance rates would go up from reporting a claim. This is not what happens. You were not at fault. The police did not give you a ticket. You are not a bad driver. It was the other guy. He ran the red light, not you. Your rates will not go up from using the insurance coverage that you paid for.
Med Pay
The insurance coverage we are talking about is called “MedPay”. It is part of your policy or at least it should be. Med Pay gives you up to $5,000 for medical treatments. It is similar to having a health insurance plan. It covers you for auto related injuries.
Will I need an attorney?
Sometimes people have declined this coverage without really understanding what they are doing. If you need treatment and don’t have this coverage, well now you will need an attorney because you are considered a “3rd party”. A 3rd party is not covered under the insurance of the other guy. His insurance only covers him.
The attorney is there to “sue the other insurance company” to make sure your treatments are paid for. They also make sure you get some compensation for “pain and suffering” and aggravation you had to go through because of the other guy’s negligence. If you try to settle with an insurance company without an attorney, you won’t get what you are entitled to.
Also by not having MedPay on your policy, I’ve seen it take up to 2 years to get your claim settled. The wheels of justice turn slowly.
What else can I do?
If you are in this situation and don’t want to get an attorney, I do have some other options we can discuss. Using your private health insurance is one. The other is using an outside company called Injury Finance. They will have you sign a lien on your case and settlement but they will fund your care so you can at least get treatment now.
Dr. Robert Ebeling is a chiropractor in Englewood, CO in practice since 1990. If you have questions call the office at (303) 377-1755.