The case of Ch
ambers vs. Hughes and Coleman is one of those cases that will never get talked about in the news media. But this case has had a major impact upon the rights of persons injured in an auto accident to recover no-fault benefits for payment of their medical expenses.
The Ky. Court of Appeals rendered an opinion in this case that says that persons injured in an auto accident are entitled to recover no-fault benefits only if they actually owe the medical expenses, in which case the no-fault insurer would render payment directly to the provider, or for reimbursement of any health insurance lien. This is a departure from former practice, in which the injured person (or his/her attorney) would provide the no-fault insurer with copies of the hospital and/or medical bills and request direct payment to the injured person, which gave the injured person the right to administer the funds. (Some insurers may still do this regardless of Chambers.)
Thus, the Court of Appeals’ decision in this case seems to penalize those with insurance vs. those without, although that may become a thing of the past with the advent of the Affordable Care Act.
A motion for discretionary review was filed with the Ky. Supreme Court in August, 2015. It remains to be seen whether the Ky. Supreme Court will grant this motion and determine whether it believes the Court of Appeals’ decision was correct.
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