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
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.