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In the context of a motor vehicle injury claim the coordination of benefits from different and multiple insurers can sometimes be confusing and complicated. Which and to what extent is each insurer responsible for the injury claim when insurance covers the same loss? At least in one area of overlap the answer is now clear. Confirming that a customer who purchases optional Medical Payments (MedPay) coverage under a motor vehicle insurance policy is entitled to the benefits for which he or she paid, the highest court in Massachusetts established in a recent decision that a health insurer’s payment of medical expenses resulting from a motor vehicle accident does not preclude the payment of Medical Payments (MedPay) benefits for the same bills. One of the purposes MedPay coverage has traditionally served is to reimburse accident victims whose injury claim settlements and court judgments are subject to liens by health insurers to recover amounts they paid. Under most health insurance contracts, the insured agrees to reimburse the health insurer from the recovery obtained in any third party claim to the extent of benefits received under the policy, regardless of the amount of recovery. Depending on the motor vehicle insurance policy limits of such third party available to compensate the injury claim and the extent of injuries, the strict enforcement of the health insurance contract could leave the injured person undercompensated for damages, including loss of wages, scarring and disability, with the proceeds of settlement or judgment going to reimburse medical expenses paid by the health insurer. However, if the injured party purchased MedPay coverage under a motor vehicle insurance policy, the insured can still recover those benefits even if the expenses have been paid by the health insurer. The court dismissed the motor vehicle insurer’s argument that the result would lead to a double recovery stating that there was nothing in the auto insurance policy or under Massachusetts law by a Massachusetts attorney that disqualified a claimant from receiving MedPay benefits under the policy if he or she had recovered for the same medical expenses under a health insurance plan. Car Accident Attorneys F. Robert Allison offers personal injury and real estate law services to people throughout Massachusetts. He has been helping his clients achieve positive results ever since. He concentrates on personal injury law, Motor Vehicle Accident Claims ,injury Claims and real estate law. http://frobertallison.com/
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