Legal Question in Personal Injury in Colorado

I was in an accident about 2 years ago [my friend was the driver and was hit] and my mom had me go to the hospital about back pains. It was only muscle pains which the doctors stated would go away in a week and they gave me pills and recommended I don't work for that week. The Insurance company was to refund me for the time I was absent from work and after 2 years, they have finally come up with a sum to repay me. However, upon reading the form the last paragraph mentions something about reimbursing the insurance company, which makes me leery to sign. The last paragraph is as follows:

FURTHER, I/we agree to reimburse, indemnify and hold harmless each of the persons, firms, corporations released hereunder and their Insurer, including their agents and assigns, with respect to all known and unknown Medicare rights to recovery related to the Subject Accidents for which the federal government may seek repayment as well as any fine or penalty the federal government may seek resulting from the sufficiency and accuracy of the information I/we have provided to Insurer regarding Medicare rights to recovery known as of this date.

I'm unsure as to the last paragraph stating that they will pay the agents out of the sum they are offering? Or is it just me releasing them from working on the case and they will give me the full sum they offered?


Asked on 10/16/11, 12:44 pm

1 Answer from Attorneys
Evan Banker Chalat Hatten Koupal & Banker PC

This language is typical in insurance settlement releases. You are agreeing that if part of your care was provided by the government (Medicare/Medicaid), and that organization has a right to be repaid for benefits provided, you will pay them from your settlement. If you were not a Medicare or Medicaid patient at the time of your injury, this paragraph does not apply to you.

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Answered on 10/17/11, 8:46 am


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