QUESTION
Is it legal if the government health insurance got the lien instead of the insurance of the party at fault?
Asked on Jan 25th, 2014 on Automobile Accidents - California
More details to this question:
The government health insurance has a lien on my case. Why should this lien be payed out of my settlement? Why can't the fault party's insurance pay for this?
7 ANSWERS
Ronald A. Steinberg
Too complicated to answer in an email. It is called subrogation, and YOU have to reimburse the insurance company. The other party's insurance IS paying it by paying the amount it is paying to you.
Answered on Feb 12th, 2014 at 2:05 PM
Under California law, a medical lien may be imposed on any personal injury recovery by a patient. Such liens may be negotiated or even waived in some cases. I would urge that you seek the advice of an experienced personal injury attorney.
Answered on Jan 28th, 2014 at 8:18 PM
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That is what a lien is and what a lien is for, to protect payment to the agency paying the bill. Your settlement will take into consideration your total bills. If the government has paid some of your bills through medicare or Medicaid they want to be reimbursed, hence the lien for that purpose.
Answered on Jan 28th, 2014 at 8:17 PM
James Eugene Hasser
Yes, it is legal. Once the government is paid from the other party's insurance they should lift the lien. However, it can get a little complicated dealing with liens and subrogation interests. If you don't have an experienced injury lawyer, you might want to consider talking to one.
Answered on Jan 28th, 2014 at 8:16 PM
1 Award
The liability insurer for the party at fault is paying the bill. Rather than paying the bill directly to the health provider, it is paying it as part of the settlement. Since the government insurer paid the bill, it has the right to be reimbursed from the money paid by the wrongdoer's liability insurer.
Answered on Jan 28th, 2014 at 8:15 PM
Edwin K. Niles
The at-fault party's insurance company will pay, but from the proceeds you will have to face up to the lien, which is negotiable. Don't you have a lawyer?
Answered on Jan 28th, 2014 at 8:15 PM
They do pay in the sense that the settlement takes into account and should fully include the cost of medical treatment. Since it is a debt you incurred, it is naturally that you would pay it off.
Answered on Jan 28th, 2014 at 8:14 PM