Dallas, TX asked in Insurance Bad Faith, Consumer Law, Personal Injury and Government Contracts

Q: Are statues tolled if an insurance company is liable for a injured 3rd party & fails to inform them?

If you discover an insurance company failed to inform you they accepted fault for your injuries, will CMS consider that insurer the primary payer for Medical expenses related to those injuries if youre still being treated when you become a medicare beneficiary?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for two weeks. In general nationwide, claimants are usually held responsible for exploring the sources of insurance for their injuries - that's one of the primary roles of an attorney - to immediately identify applicable carriers and place them on notice and submit paperwork within the prescribed timelines. However, your matter appears more complex than that as it might involve multiple carriers. If you are not represented by an attorney (who would ordinarily sort out such issues before closing out a case), you could consider reaching out to a local attorney to examine your file in closer detail help figure out the proper handling of the medical expenses. Good luck

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