After being injured in a motorcycle accident, navigating health insurance on top of everything else can be difficult. However, help is available. An experienced attorney can help you understand the role of health insurance in Atlanta motorcycle accident cases.
By working with a detail-oriented motorcycle accident lawyer you can have a dedicated ally who can help you get the coverage you need. Insurance is complex, especially after a wreck, but a lawyer can be a guide.
Benefits of Having Health Insurance After a Motorcycle Accident
The benefit of having health insurance a motorcycle accident is that an injured party has the opportunity to get medical treatment and only pay a premium for that treatment as opposed to having to pay for the medical treatment in its entirety. It is important to note that a person’s health insurance coverage or paid sick leave generally will not limit the recovery for the motorcycle accident. They will be able to claim the full amount of the treatment, including the part covered by insurance. However, having health insurance may result in an insurance company seeking compensation for the medical expenses paid out on an injury claim.
If a person does not have health insurance and is injured in a motorcycle accident, it becomes even more crucial to bring a claim. Otherwise, the person may be left having to figure out how to pay for thousands of dollars in medical treatment alone. This is why it is important to contact an Atlanta motorcycle accident lawyer for help.
Reimbursing an Atlanta Insurance Company
Health insurance companies will require that people reimburse them for paid medical expenses when a health insurance plan, subsidized by an employer, is a self-funded ERISA plan. That plan is secured under federal law and supersedes state reimbursement law. In that scenario, an injured person may be required to reimburse a health insurer for expenses paid towards medical expenses following an injury.
However, for any plan that is not an ERISA plan, the Made Whole Doctrine requires a medical insurer to prove that the injured insured was made whole by a settlement. Failing that, a medical insurer is not entitled to reimbursement. If they can meet that burden, health insurance companies will typically ask for a percentage of the medical expenses, ranging anywhere from 10 to 40 percent of a discount off the whole amount paid. In some instances, health insurers will request the full amount of reimbursement following on a settlement.
An insurance company may also ask for “extra payment” if it has “paid out” associated medical costs under the belief that an at-fault party’s insurance company has paid for the injured party’s medical expenses. However, that is precisely why Georgia’s Made Whole Doctrine is critical because a health insurance company cannot ask for extra payment unless it shows a person has been made whole or completely compensated by a settlement, which is a difficult burden to carry. In particular, if someone suffered permanent injury, has ongoing pain and limitations, or has a permanent disability rating from a motorcycle wreck, a health insurance company may not be able to claim “extra payments.”
An Attorney Can Discuss Health Insurance in Atlanta Motorcycle Accident Cases
One of the first things a person should do regarding their health insurance following a motorcycle accident is to determine what the health insurance company will or will not cover. An experienced attorney can help with this. Further, a lawyer can analyze the plan and the specific facts of the case to determine how your insurance rates may be affected by this. Throughout the claims process and attorney can help you understand what the compensation you recover in a claim means for your insurance. For the help you need with health insurance in Atlanta motorcycle accident cases, call today.