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Under New No-Fault Law You May Still Be Liable

Understanding your Insurance Coverage and Legal Rights After An Auto Accident

Q: What if I am injured in an automobile collision and my doctor submits my bills to my employer health plan or Medicare insurance, and they pay my bills instead of the no-fault carrier?

A: Understanding your insurance coverage is essential in making decisions that can impact your legal rights and obligations. Under the new no-fault law, you may still be liable for repayment if your other insurance is Medicare, a Medicare Advantage Plan, or an employer health ERISA plan. Medicare has an absolute right to reimbursement and your employer health plan may have similar rights. Both insurers already know about your claim and your settlement as required under federal law. They also have reimbursement rights and will demand repayment from any settlement for your injuries, if you have not purchased appropriate no-fault coverage. Choose your no-fault coverage carefully in order to preserve an adequate recovery for your injuries.