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Do You Know About the Rights of Health Insurance Companies in Personal Injury Cases?

December 20, 2019

Picture of motorist in a car accident with personal injuries.

Were you recently injured? As a result, did you win a personal injury settlement? If so, did you know that you may have to repay your insurance company for the medical coverage and treatment they paid for? Many injured individuals are unaware of this process and being uninformed during your case could be a costly mistake. 

This specific process is known as a medical lien. In simpler terms, a state or federal government entity, health insurance company, and/or hospital can demand repayment. If one of these entities has asserted a claim in response to your case and/or settlement, you may be responsible for all previous medical treatment fees. When this situation happens, contact the trusted attorneys at Hagar and Phillips for immediate case assistance.

What is a Subrogation?

A subrogation is a process that allows health insurance providers the ability to request repayment or reimbursement for all expenses related to your case and medical treatment for a personal injury. However, certain states prohibit health insurance companies from submitting a claim for subrogation, so if you are concerned about an insurance company’s right to request repayment for your treatment, seek out the help of an expert attorney. 

Individuals using Medicare or Medicaid should be especially cautious during their personal injury cases. 

Those using Medicare should have their attorney immediately begin preparing for the instance of a subrogation. In the case of Medicare liens, the attorneys are responsible if the injured party does not reimburse the necessary payments. It is imperative to work directly with your lawyer when a Medicare liens arises.

For Medicaid liens, check with your state to determine the specific process and rights of a subrogation request. Medicaid liens are known as the trickiest liens to deal with, so be sure to have a trusted attorney by your side throughout your case. Due to the understaffed and underfunded nature of Medicaid, these lien processes can take months to work out. Your personal injury lawyer will do his or her best to settle your case, but be aware that Medicaid may extend the process.

When Accidents Happen, Trust A Personal Injury Lawyer

As expert personal injury attorneys, the team at Hagar and Phillips understands that accidents happen! Often, those accidents require minor or major medical treatment. However, the personal injury claim process can be quite complicated without the help of a professional attorney.

When you would like to file a personal injury settlement, rely on our team to ensure that you are well-informed about your case details, the process, any possibility of subrogation or medical liens, and consistent communication. The lawyers at Hagar and Phillips have garnered a resounding reputation for case success and quality legal service over the past several years. To learn more about how our team can help with your particular case, contact us today at 615-784-4588. 


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.