Your Health Insurance Wants to be Paid Back!

By Aline Miranda on April 21, 2011

If you have been injured in a motor vehicle accident and you receive medical treatment paid for by your health insurance, in most cases, your health insurance plan will require you to reimburse the cost of your treatment out of your settlement. Likewise, if you receive medical treatment paid for by Medi-Care, Medi-Cal, and Tri-Care. Even if you don’t have health insurance, if you are treated in a hospital emergency room after an accident, the hospital’s bill must be paid out of your settlement.

Most health insurance plans require payment for “third party liability” cases, meaning any injury which is caused by a third party. Your insurance plan has what’s called a “lien” on your settlement. Likewise, Medi-Care, Medi-Cal, Tri-Care, or the hospital that treats you has a “lien” on your settlement.

Resolving these liens when you settle your case is extremely complex and requires a thorough knowledge of the law. Is the lien valid? If it is, how much should be paid to satisfy the lien? Are there any circumstances when you don’t have to pay a lien? The correct answer to these questions can make the difference between being fully compensated for your injury and not. A skilled attorney should evaluate these liens to determine if they are enforceable and, if so, whether there are any defenses which may permit a reduced payment.

If you or someone you know has been injured in a motor vehicle accident, a motorcycle accident, or any other type of accident, feel free to call my office to schedule a free, no obligation consultation. Protect yourself by knowing your rights!