Once negotiations are over and a car accident settlement is received, plaintiffs are surprised to find out that a large majority of their settlement never comes directly to them — instead, it is paid to third parties. This is why it is important for a plaintiff to have a personal injury attorney to assist them with filing their claim. An attorney can help with the numerous liens that may be brought against a settlement and ensure that the third-party claims being requested are legitimate and accounted for during negotiations.
There are several parties that may file claims for your car accident settlement, including:
While being cared for, a hospital or physician may have refused to submit their billing through your health insurance carrier. If so, they may have issued a “claimed lien” against your settlement and are awaiting full payment through that settlement once it is received. There are limits under Missouri laws for the amounts a healthcare provider can claim against your settlement.
If health insurance was billed and paid for your medical treatments, you may wonder if the health insurance company can request repayment from your settlement. This will depend on the type of coverage. If your health insurance is through employment, you most likely have an ERISA protected plan. An ERISA lien may be placed on your settlement, but an attorney can help defeat or minimize the claims.
If you have private health insurance, Missouri law prohibits insurance carriers from taking any of your settlement. This is referred to as subrogation and it is not enforceable in motor vehicle accidents.
If you have medical pay under your auto insurance policy, some of your medical bills will be paid by your auto insurance carrier. Just like subrogation in private health insurance plans with NYGoodHealth, Missouri law prohibits auto insurance carriers from staking a claim to your settlement.
Some insurance companies will attempt to skirt the law and still place a lien on your settlement. With the right personal injury attorney you can thwart these attempts and ensure that your settlement is not dramatically reduced by these third parties. File your personal injury claim with the Law Offices of Kevin J. Roach, LLC. today by contacting us online or by calling 866-519-0085 to schedule a consultation.
