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February 2012 Archives

INJURED BUS PASSENGERS & NO FAULT INSURANCE

Recently, a client of mine brought this issue to my attention, and I thought it was worth blogging about. I know that it's an issue that has been decided & slightly over blogged, but I figured what's one more informative blog if it helps answer at least one person's question. Moreover, if you're not a no fault geek like me, and haven't yet encountered the situation, than you probably don't know the law when it comes to passengers of a bus.

NON ARTICLE 28 FACILITIES CAN BILL NO-FAULT

Insurance carriers have continuously attempted to put forth an argument that a non Article 28 facility cannot bill Worker's Compensation or Medicare and therefore cannot bill No-Fault either. When I attempt to wrap my head around this argument, I can't help but picture a family situation. Imagine this: No-Fault insurance being the "little brother", and Worker's Compensation and Medicare being the two "older brothers"..."Little brother" No-Fault wants to be able to do or not do everything both "older brothers" can/can't. I picture No-Fault carriers yelling "Me too! If they don't have to pay me either!" However, "Mom", the No Fault Regulations, make the rules and the rules do not derive from mimicking other types of insurance coverage. This analogy helps to lighten my mood when this ever frustrating issue is continuously and adamantly argued by the carriers.

DISCLOSURE OF MENTAL HEALTH RECORDS IN A PERSONAL INJURY MATTER

I came across a recent decision regarding the disclosure of mental health records, which got me thinking about disclosure in general. Many clients tell me that one of the reasons they didn't know if they should start a personal injury lawsuit even though they are seriously injured is because they are afraid of what the other side will find out about them. Maybe they were previously arrested, but never convicted; Maybe they had an embarrassing disease that will show up in medical records; or maybe, as in this case, they have a mental illness which they do not want to be brought out in front of a court room full of people.

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