Colorado Subrogation Law and ERISA

Colorado has law that addresses the reimbursement of health insurance carriers following a personal injury settlement or verdict at trial. That law limits the ability of a “payer of benefits” …  in other words a health insurance company  ….  to seek reimbursement of benefits in a personal injury claim “only if the injured party has first been fully compensated for all damages arising out of the claim.” What that means, and the complicated procedures that are involved if there is a dispute with the health insurance company, is one of the (many) reasons it is a good idea to get experienced representation if you are injured in a car accident, slip and fall, or due to someone else’s negligence.

However, that law does not apply to certain types of ERISA insurance policies.  What is ERISA?  Many lawyers ask the same question.  ERISA is a federal law that applies to certain group benefit plans (usually insurance offered by an employer).  Knowing what is, and what is not, an ERISA plan can make a huge difference in if you should settle (and for how much).

Unlike most personal injury firms, we handle both personal injury claims (car accidents, UM-UIM claims, hit and run, auto-pedestrian, auto-bike, slip and fall cases) AND ERISA benefit litigation.  We can use that skill and experience to help you get the best settlement possible in your case!