Common Fund Doctrine
When an insurer and a policyholder both have recovery claims and there is a limited amount of money available from a defendant, the Made Whole Doctrine and Common Fund Doctrine determine who is entitled to benefits. The Made Whole Doctrine states that, under certain circumstances, the insured individual is entitled to be “made whole” for damages from the defendant before the insurance carrier can recover.
At the Lakewood, Colorado, Law Offices of Robert Paysinger, P.C., our lawyers have been fighting to protect the rights of accident victims throughout the Denver area for more than 30 years. We understand the complex issues of the Made While and Common Fund doctrines and are dedicated to helping our clients keep as much of their compensation as possible.
Experienced Personal Injury Attorneys in Colorado
When a car accident victim’s health insurance pays the medical bills that are related to a serious injury, the insurance company of the victim or the other driver is usually the first to ask for money back, even in front of the injured person.
For example, a person is injured in a serious car accident with a careless driver. That person’s life-changing injuries require extensive medical care and rehabilitation that last well beyond the time of the accident. Medical insurance initial covers that treatment. If a settlement is reached between the injured person and the careless driver, the medical insurance company may asked to be reimbursed by the injured person from the proceeds of the settlement. This is despite the fact that the injured person has paid premiums for their insurance coverage.
The “made whole” doctrine prevents insurance companies from collecting money from injured people until the person is “made whole” or fairly compensated for all of their losses after an accident. This prevents companies from recovering compensation before injured people fully take care of their injuries, wage loss and other damages.
Contact the Law Offices of Robert Paysinger, P.C., today to learn more about the made whole and common fund doctrines in Colorado. You can reach a representative at any time, day or night. Call (303)279-0221 for immediate assistance or send us an e-mail.
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