In a car accident claim, does a lien always come out of check?

[aenedleah10]

I reside in WI which is where the accident took place. I was a passenger in the vehicle where I obtained the injuries. It has taken so long to settle so my personal health insurer has placed a lien on my settlement. At least this is what the insurer has told me. I have read about the "Make Whole" law but I cannot seem to find info as to whether or not it applies to WI. The lien amount is for around $10,000 and I am being offered 6. This is all far lower then what it should be but the insurer claims that some of my injuries were not obtained in the accident and refuses to cover treatment for said injuries. If I were to accept the offer, would I get it and be able to pay out myself, or would it all go to my insurer? Any help in this matter would be GREATLY appreciated! Thanks

[jorian23]

You need to speak with an attorney. Most of them will give you a free initial consultation.
You can find one through the Wisconsin Bar Association web site:
http://www.wisbar.org/
Unlike the first post, this link is good!

[fyfe]

In EVERY state, if your health insurance pays for an accident and you get paid a settlement, then they are owed what they paid for your medical bills. Otherwise, if not for insurance, YOU would have had to pay for your medical treatment.

I do understand that most likely you had medical treatment "not medically related" to this accident, so the insurance company did not consider in their settlement and subtracted out, since they do not owe for this. But,,,,,,YOUR health insurance company is putting a lien that is more than your settlement and that is a problem.

If I understand this correctly, your total settlement is $6,000,,,,,,,,period. So if you settle, then you would have to sign over your check to your health insurance company for $6,000 and that is all they can get from you, since the insurance company will not consider the balance of your medical bills. But,,,,,,if you don't settle, then you get nothing and your insurance gets nothing. Your insurance company can only go after you if you settle.........

You will need the adjuster that is handling your injury claim to BREAKDOWN each bill and service that they "believe" is only related to this accident. I am guessing with a $6,000 settlement that they believe only $4,500 to $5,000 is the amount of medical bills they are considering and they are offering you around $1,000 to $1,500 for your "pain/suffering"?.

After the adjuster breaks down the amount they "deem" related to this accident, submit to your insurance company. Then ask them if they will "accept" that amount vs the $10,000? If they accept, then make sure you get in writing that they accept the lower amount, otherwise your health insurance can go after you in collections.

If others tell you to get a lawyer, suggest not. The reason is that ALL lawyers will charge you 1/3 of YOUR settlement or $2,000. A lawyer in most states can by law reduce your lien from your insurance by 1/3, or $3,333 of the $10,000, leaving $6,670, so still you would end up with NOTHING.

The only time a lawyer would be good, (IF), the lawyer can verify that the $10,000 is TRULY related to this accident and owed in your settlement. If they can do that, then the insurance company would have to offer you more than $6,000, but $10,000 plus, your pain/suffering.

Your only choice is to get YOUR insurance company to accept the amount that the insurance company deems related, otherwise, if you settle, then in effect you end up with nothing.

My suggestion, is to let your health insurance know, that if they don't reduce it, you do not settle period..............If you get nothing, health insurance gets nothing.

good luck