I was injured at a ski area. Their insurance company has offered to compensate me for my expenses. My health insurance company paid $93,000 hospital and doctor bills. Would my health insurance company have to be included in a settlement or can I settle just between the ski area insurance and myself.
How is a figure calculated for pain and suffering?
1 Answer from Attorneys
Most every health insurance contract contains a "reimbursement" clause which requires you to pay some of your settlement to the insurer. There are exceptions in Colorado to this rule, but it involves the individual facts of your case, how your accident occurred, and whether you are being paid the policy limits available to the defendant. It is likely that the settlement agreement includes a provision that you will pay any "liens," or subrogated medical reimbursement claims.
You should not just "settle between the ski area insurance" and yourself without first speaking with a lawyer.
In Colorado, pain and suffering is presumptively capped at $468,010 and in cases of enhanced pain and suffering, usually meaning catastrophic injuries, the damages are capped at 936,030.
We have significant experience in ski cases. See www. skilaw.com. If you would like additional information please email me at [email protected]