New 2009 Colorado car insurance med-pay requirement
Medical payments coverage, often called “Med-Pay,” covers the insured and their passengers if they are in an accident and need medical attention, regardless of who was at fault in the accident.
In May, 2008 the Colorado legislature passed Senate Bill 08-011, requiring insurance companies to add $5,000 in medical payments coverage to each car insurance policy. The change resulted in a modification of Colorado Revised Statute 10-4-635.
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Policies issued or renewed on or after Jan. 1, 2009 must include $5000 in medical payments coverage. However, similar to the Uninsured/Underinsured Motorists Coverage, the insured has the option to reject this coverage. If the insured rejects the medical payments coverage the insurer must maintain proof of such rejection for a minimum period of three years. (The rejection must be in writing or in the same medium for which the application for a policy is taken.) The companies may also offer higher limits of medical payments coverage; however, the company may not “roll on” any limit greater than $5000 without the consent of the insured.
The first $5000 benefit of medical payments coverage must be reserved for a period of 30 days to cover first responder and trauma care. The insurer must prioritize the $5000 reserve to be paid first to ambulances or air ambulances that provide trauma care at the scene of or immediately after an accident. After payments have been made to the first responders to an accident, benefits shall be paid next to trauma care physicians providing trauma care or stabilization of an injured person and then payments shall be made to the trauma care center. After payment to these providers has been made any additional benefit would be paid to other treating providers.
The insurance companies do not have a right to subrogation of the medical payments coverage.
Article by The Colorado Regulator published by the Colorado Division of Insurance
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