Experienced Trucking Litigation Lawyers
Bodie Enger Law, LLC litigates and collects hundreds of thousands of dollars in automobile and trucking-related claims and judgments every year. We have a proven track record of success against the at-fault drivers, responsible vehicle owners, and motor carriers. While recovery on many cases may seem bleak, we exhaust all available avenues for recovery and understand the value that ongoing recovery on such claims provides to our clients’ bottom lines. Our legal team has extensive knowledge and experience in insurance coverage issues and the applicable Federal and State laws of Colorado to effectively ferret out improper coverage or liability denials or obtain recovery through alternative methods such as through the Federal Motor Carrier Safety Act.
The Effect Of The Common Fund And Made Whole Doctrines
There are doctrines enacted by Colorado that protect the rights of people injured in trucking and automobile accidents from claims made by their health insurance and medical providers. The first is the Colorado Made Whole Doctrine. In a nutshell, this doctrine states that if the injured insured party in a personal injury claim receives the maximum payout from the at fault party’s insurance policy, the injured party is less than fully compensated for their injuries, i.e., they have not been “made whole.” In this situation, the rights of health insurance companies to file subrogation claims against your settlement are restricted and in some cases eliminated. There are exceptions to the Colorado Made Whole Doctrine for certain insurance carriers seeking recovery from the at fault party for certain types of payments issued such as those UMBI/UIMBI payments issued to an insured.
The Colorado Common Fund Doctrine restricts subrogation claims by requiring health insurance companies to match their subrogation claim to the percentage the injured claimant paid their attorney. That means that if the injured claimant pays their attorney 40% of the settlement in fees, the subrogation claim filed by the health insurance company or medical provider must be reduced by 40%. This doctrine is intended to protect the financial interests of injured parties.
Putting Our Knowledge And Experience To Work For You
The attorneys at Bodie Enger Law, LLC have pursued thousands of trucking and automobile litigations cases given them the knowledge and skill to navigate the complex arena surrounding trucking, motor carrier, and other automobile litigation cases. When deciding which firm to hire for your case, choose one that will not only get you the judgment that you deserve but be able to collect those monies for you