QUESTION
What can I do on the insurance lien on my settlement?
Asked on Aug 20th, 2013 on Personal Injury - Florida
More details to this question:
I was hoping you could help me. My daughter and I were hit by a car in a cross walk last October and we just finally settled out because we were desperate for the money since I can no longer work. I have injury to my spine, neck, severe depression, anxiety and PTSD now and am seeing doctors weekly. I just found out through my lawyer that MY insurance company put an almost 4000-dollar lien on my settlement, which was only 14,500, for medical bills they paid and when I spoke to my insurance company. They told me too bad we will get paid and since we can’t get it from his insurance company, even though he hit ME in a crosswalk they will take it from me. So basically between the lawyers’ fees and this lien, it’s not even enough to get me out of debt and save my apartment and car. Is this something I can fight? How is it I get hit following the street rules while carrying my 2 year old in my arms, get hurt and then have to pay for it and not his insurance company? Thank you so much for your help.
8 ANSWERS
Ronald A. Steinberg
There is usually a "subrogation" clause in most health insurance policies, which entitles the insurance company to get money back, since they did pay for your treatment. In my office, I usually will negotiate with the insurance company to reduce the amount of repayment. Ask your lawyer to do so, as well.
Answered on Sep 11th, 2013 at 12:05 PM
You need to check with your medical insurance policy but they appear claim they have a right to subrogation against a third party tort feasor. That means that if some third party hurts you they have a priority right to collect from that person for the medical treatment you incur. Your lawyer should have told you that initially. Normally they will reduce their lien by the same percentage you are collecting as to the overall value of the case.? So if your case was worth $75,000, since you are collecting only 1/5th they would reduce their lien to 1/5th of what you settled for. You need also to check if your lawyer's percentage of their attorney's fee is based upon gross or net recovery.
Answered on Aug 26th, 2013 at 10:30 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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His insurance I spaying for it. However, if they paid it to you (for your medical bills which your insurer paid) and then had to pay it again to your insurer, they would be paying it twice. You cannot fight it.
Answered on Aug 22nd, 2013 at 12:42 PM
James Eugene Hasser
If you haven't agreed to settle, you don't have to accept their offer. If you have agreed to the offer, the only other thing is if your lawyer can get them to take less on their lien. The insurance companies will usually reduce their subrogation interests by at least the attorney's fees and pro-rata share of expenses. Good luck.
Answered on Aug 22nd, 2013 at 12:41 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You first of all need to stop feeling sorry for yourself. I assume you were paid a settlement based on what the drs said about your case, and it obviously was not a big case. when your insurance co advances money to pay your bills it is entitled to be reimbursed when you settle with a 3rd party. It is in your contract. That is the way the world works, so quit making it more than it is and get on with your life.
Answered on Aug 22nd, 2013 at 10:49 AM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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It sounds like maybe you shouldn't have settled and held out for more money because you have permanent injuries. But if you have already settled, then there is nothing you can do.
Answered on Aug 22nd, 2013 at 10:23 AM
4 Awards
This is really a question that you should discuss with your lawyer as he or she has the most knowledge about your case and the lien(s).
Answered on Aug 22nd, 2013 at 10:23 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Why are you writing this inquiry if you have a lawyer representing you. Just go to his office and tell him "fix it." It sounds to me like a subrogation lien for medical payments made by your insurance company.
Answered on Aug 22nd, 2013 at 10:20 AM