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Colorado is Changing from a No Fault Benefits are part of every car insurance policy issued or renewed in the State of Colorado before July 1, 2003. Even if you think you have only liability insurance, you also automatically have No Fault coverage unless you call your agent and ask that No Fault coverage be canceled on or after July 1, 2003. In most cases, No Fault means that if you are injured in an automobile accident, the insurer of the car you were in is responsible for paying certain benefits. This is true even if the other person was at fault and the person driving the car you were in did absolutely nothing wrong. No Fault benefits cover: (1) your medical bills up to $50,000.00 or for five years; (2) your wage loss up to $400.00 per week for the first 52 weeks after an accident (unless you selected an option that will pay more); (3) your rehabilitation expenses up to $50,000.00 or ten years; (4) your expenses incurred for essential services up to $25.00 per day for the first 52 weeks after an accident; and (5) a $1,000.00 per person death benefit. If your insurer gives you any problems regarding payment of these benefits or wants to send you to one of their doctors, please feel free to call us for help. Policies issued or renewed after July 1, 2003, will not provide No Fault coverage and a "Tort" system will govern. This will mean that your health insurance will be responsible for paying your medical bills in the event you are injured in an accident. Regardless of whether you have health insurance, a claim can be made against the other driver for medical and rehabilitation expenses, wage loss, and essential services, but only where the other driver was at fault. However, in cases where your medical and rehabilitation expenses have been paid by your health insurance, it is likely that your health carrier will want to be reimbursed out of your recovery from the other driver based upon a subrogation clause in the policy. Frequently, an attorney will be able to negotiate a reduced payment to your insurer on its subrogation claim. If you have any questions concerning your rights as we transfer from a No Fault to a Tort system, please feel free to call us. |
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