Medicaid Liens

Today we’re talking about Medicaid liens which is a form of subrogation. If you do not know what subrogation is, be sure to watch my previous video.

Medicaid is a “secondary payer” meaning its obligation to pay is second to the at-fault party’s responsibility.

Technically speaking, Medicaid has a statutorily-created “right of recovery,” not a subrogated interest in the claim – meaning the at-fault party may have to reimburse Medicaid even if you receive nothing from the at-fault party.

Since the right of recovery extends beyond the at-fault party – meaning Medicaid can recover from the claimant, insurance companies, as well as involved law firms – it is imperative your lawyer notify Medicaid of the claim as soon as possible.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Medicare Liens

Today we’re talking about Medicare liens which is a form of subrogation.  If you do not know what subrogation is, be sure to watch my previous video.

Medicare is a “secondary payer” meaning its obligation to pay is second to the at-fault party’s responsibility. However, to help its insureds promptly pay medical bills, Medicare issues “conditional payments” to medical providers.

Technically speaking, Medicare has a statutorily-created “right of recovery,” not a subrogated interest in the claim – meaning the at-fault party may have to reimburse Medicare even if you receive nothing from the at-fault party.

Since the right of recovery extends beyond the at-fault party – meaning Medicare can recover from the claimant, insurance companies, as well as involved law firms – it is imperative your lawyer notify Medicare of the claim as soon as possible. 

In most cases, we can negotiate with Medicare to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Pro Rata Subogration - Revised Code 2323.44

Today we’re talking about R.C. § 2323.44 and the rights of an injured party as it relates to subrogated interests. If you do not know what subrogation is, be sure to watch my previous video.

R.C. 2323.44 provides that if an injured party receives less than the full value of their claim due to:

  1. The injured parties own comparative fault

  2. A third-party’s liability is diminished due to an allocation of responsibility between several parties

  3. By reason of the collectability of the full value of the claim due to limited insurance or other cause

In such cases, the subrogee's claim shall be diminished in the same proportion as the injured party's interest is diminished. This pro-rata reduction typically comes into play with private health insurance, med pay insurance, or any other contractual-based subrogation claim. This statute is a powerful tool for me to use to put more money into my client’s pocket.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Health Insurance Liens

Today we’re talking about private health insurance liens which is a form of subrogation. If you do not know what subrogation is, be sure to watch my previous video.

If your private health insurance carrier paid benefits on your behalf for medical treatment arising from an injury, your health insurance has a subrogated interest in your claim potentially up to the amount it paid on your behalf.

I say “potentially” because next video I’ll discuss Ohio’s Pro-Rata Subrogation statute and how that applies to private insurance claims.

In most cases, we can negotiate with the health insurance carrier to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Liens & Subrogation

In Ohio, when a person is injured and someone other than the injured person or at-fault party pays for some or all of the medical expenses (e.g. your health insurance carrier), that other party has a subrogated interest in the claim. Literally speaking, “subrogation” means one party stands in the shoes of another.

What this means for your case: if another party paid money on your behalf and you receive money from the at-fault party, you must repay the other party.

While there are certainly more than what is listed, the most common types of subrogation claims are:

  • Private health insurance

  • Medicare or Medicaid

  • Automobile medical payment policy (Med Pay)

  • Workers compensation benefits

  • Short term disability

 In most cases, we can negotiate with the subrogated interest to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Bicycle Insurance: Is It Right for You?

Last week I had the opportunity to speak with Brian McCann, Co-Founder of Simple Bike Insurance, to learn more about the bicycle insurance products they offer.

While I cannot say purchasing bike insurance is for everyone - especially those who ride a lower end bike, infrequently ride, or are otherwise covered under an automobile UM/UIM policy - Simple Bike Insurance has three product categories that should appeal to the serious cyclist:

SMK cycling.jpg

Bike Coverage 

  • Bicycle physical damage insurance protection: Covers repairs or replacement of your bike if it is damaged or goes missing. You choose the value of your bike and Simple Bike Insurance can cover things like vandalism, crash damage, or a collision with another rider. Simple Bike Insurance even offers insurance protection to you while racing. Deductibles range from $200 to $500.

  • Worldwide physical damage protection: Simple Bike Insurance also offers worldwide physical damage insurance protection for when you travel outside of the US/Canada with your bicycle.

Rider Coverage 

  • Bicycle liability protection: Bicycle liability coverage helps protect you if you are responsible for injuries or property damage to another person or their belongings while using your bicycle. Limits range from $25,000 to $100,000.

  • Vehicle contact protection: This added coverage gives you the insurance protection you need in case you are hit by a vehicle that doesn’t carry the proper insurance protection to cover your losses. 

  • Medical payments: Cover your medical costs if you are injured while riding–up to your policy limit. Limits range from $1,000 to $10,000. This is particularly useful if you have high deductible medical insurance or no health insurance at all.

  • Roadside assistance: With this coverage, you can get nationwide 24-hour emergency service with up to 35 miles of transportation per breakdown–all for only $12 a year per bicycle.

Special Protection for Competitive Cyclists

  • Rental reimbursement: Simple Bike Insurance offers coverage for renting a substitute bicycle if your bike is damaged or stolen while you are away from home and participating in an organized ride—up to $250 per occurrence.

  • Competitive event fee reimbursement: Helps cover non-refundable prepaid entry fees up to $500 ($1,000 total per policy term) if your bike is involved in a covered crash, and you are unable to compete or participate.

I know there are other bicycle insurance products on the market and you should do your research to determine what product and company is right for you. Brian was simply kind enough to educate me on what Simple Bike Insurance offers and I wanted to share that with you.

If you want to learn more, check out Simple Bike Insurance at https://simplebikeinsurance.com

If you have sustained an injury in a bicycle crash, please contact Scott for a no cost, no obligation consultation and case evaluation.