MVA Health Insurance Subrogation

Q: I was injured in a car wreck and handled the case by myself. My health insurance paid for most of my bills so I settled for a small amount for my pain. Now I have received a letter from my health insurance that they have a lien for the medical bills they paid and are threatening to sue me if I don’t pay them back. Do I have to?

A: Probably. This is where the insurance Companies take advantage of you. This is one of the drawbacks of trying to handle an injury claim without the help of a Board Certified Personal Injury Attorney. You need to get a complete copy of your health insurance policy to see if they have a right of Subrogation. This will tell you if they even have a right to demand that you pay them back.

If your plan falls under ERISA (The Employee Retirement

Income Security Act of 1974) they may be entitled to every penny they paid. If it doesn’t fall under ERISA

there are numerous arguments that can be made for them to either reduce or waive the lien entirely.

An experienced Board Certified Personal Injury Trial Attorney will be able to look at your policy and determine if the lien they are claiming is valid. Many times they will negotiate with an attorney they have dealt with before.

I have written a free book that describes the different liens you may have to deal with including Medicare, Medicaid and Hospital liens. My book, TEXAS AUTOMOBILE INJURY HANDBOOK explains in detail what the typical claim involves; what you need to do to properly handle your claim, the types of liens you may face and what to look out for when dealing with Insurance Companies.

If you have any questions or would like one of my free books entitled TEXAS AUTOMOBILE INJURY HANDBOOK or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at info@kerrycollinslaw.com or kcpc@txis.net. You can also call me at 817/335-9700.

The Law Offices of Kerry H. Collins & Associates, P.C.*

1301 Ballinger Street Fort Worth, Texas 76102 (817) 335-9700

(8’7) 988-1603 Toll free kcpc@txis.net

www.kerrycollinslaw.com

*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization

Q: I was injured in a car wreck and handled the case by myself. My health insurance paid for most of my bills so I settled for a small amount for my pain. Now I have received a letter from my health insurance that they have a lien for the medical bills they paid and are threatening to sue me if I don’t pay them back. Do I have to?

A: Probably. This is one of the drawbacks of trying to handle an injury claim without the help of a Board Certified Personal Injury Attorney. This is where the insurance Companies take advantage of you. You need to get a complete copy of your health insurance policy to see if they have a right of Subrogation. This will tell you if they even have a right to demand that you pay them back.

If your plan falls under ERISA (The Employee Retirement Income Security Act of 1974) they may be entitled to every penny they paid. If it doesn’t fall under ERISA

there are numerous arguments that can be made for them to either reduce or waive the lien entirely.

An experienced Board Certified Personal Injury Trial Attorney will be able to look at your policy and determine if the lien they are claiming is valid. Many times they will negotiate with an attorney they have dealt with before.

I have written a free book that describes the different liens you may have to deal with including Medicare, Medicaid and Hospital liens. My book, TEXAS AUTOMOBILE INJURY HANDBOOK explains in detail what the typical claim involves; what you need to do to properly handle your claim, the types of liens you may face and what to look out for when dealing with Insurance Companies.

If you have any questions or would like one of my free books entitled TEXAS AUTOMOBILE INJURY HANDBOOK or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at info@kerrycollinslaw.com or kcpc@txis.net. You can also call me at 817/335-9700.

The Law Offices of Kerry H. Collins & Associates, P.C.* 1301 Ballinger Street

Fort Worth, Texas 76102

(817) 335-9700

(877) 988-1603 Toll free

kcpc@txis.net

www.kerrycollinslaw.com

*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization