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Personal Injury

How Colorado Subrogation Laws Affect Your Personal Injury Settlement

Jason Savela8 min read

Many injured Coloradans are surprised to learn that a portion of their settlement may be owed back to their health insurer. Here is what the made-whole doctrine means for your case.

When you are injured in an accident and your health insurance pays your medical bills, your insurer may have a legal right to recover those payments from your personal injury settlement. This right is called subrogation, and it is one of the most misunderstood — and most financially significant — aspects of Colorado personal injury law.

In practical terms, subrogation means that your settlement proceeds are not entirely yours to keep. If your health insurer paid $30,000 in medical bills and you settle your claim for $75,000, the insurer may assert a right to recover some or all of that $30,000 before you receive your share.

Colorado's made-whole doctrine provides important protection for injured plaintiffs. Under this doctrine, your insurer generally cannot recover its subrogation interest until you have been fully compensated for all of your losses — including pain and suffering, lost wages, and future medical expenses, not just the bills the insurer paid.

The made-whole doctrine is not automatic. You must assert it, and the insurer will often dispute whether you have been fully compensated. This is a negotiation, and having an attorney who understands subrogation law is essential to protecting your recovery.

Federal law complicates the picture when Medicare, Medicaid, or ERISA-governed employer health plans are involved. These programs operate under different rules and may have stronger subrogation rights than private insurers. Medicare, in particular, has a statutory right to recover its payments and will pursue that right aggressively.

The bottom line: before you accept any settlement, make sure your attorney has identified every potential subrogation claim and negotiated those interests down as far as possible. A settlement that looks adequate on paper can leave you with far less than you expected once subrogation claims are satisfied.

Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every legal situation is unique. If you have questions about your specific circumstances, contact The Savela Law Firm, P.C. directly.

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