No one prepares themselves for a car accident or medical bills. Car crashes happen in the blink of an eye and even minor accidents can be life-altering. Medical treatment costs can quickly add up and added up with missed time from work, leave people in an awful financial position.
But we can’t stress enough how important it is after an accident to immediately seek medical care even if you don’t feel like you’re injured.
This is because insurance companies will want proof of the accident and that an injury actually occurred. Insurance companies already have plenty of different tricks like delaying and using recorded statements against car accident victims, they don’t need more. Further, if there is no proof of an injury, you won’t be able to collect for pain and suffering.
What is a medical lien?
Basically, a lien is something that will make sure a person, group, or business is paid for their services or goods they provide in advance of payment. The car accident victim signs a “lien” that says upon settlement of the case, they (or their attorney) agree to pay for services rendered.
This is a way to ensure that people can obtain medical care without having to worry about paying thousands upon thousands of dollars that they may not have. When making a demand to the insurance company, medical bills (the amount of the lien) are always taken into consideration for the total damages.
Who can get a medical lien?
Providers will usually grant a medical lien in California when a patient who has been in an accident:
• Doesn’t have insurance, Medicare, Medi-Cal, a MedPay auto policy or other “no fault” insurance,
• Can’t afford the deductible and/or co-pays under their insurance policy, or
• Can’t afford medical coverage while waiting for the responsible party to pay up
Because personal injury cases aren’t always successful, not every doctor, chiropractor, or therapist is willing to provide services on a “lien basis.” The best Sacramento car accident attorneys will be able to help in the search for a medical provider on a lien basis.
Typically, medical liens should only be used by a California personal injury plaintiff if there are no other alternatives. A significant advantage of using the victim’s own medical insurance is that in-network providers cannot charge more than they’ve agreed under their contract with the insurance company. If the victim has a favorable plan, pre-negotiated payments will usually be lower than on a lien basis.
Who pays for the lien if I lose my accident case?
Unfortunately, even in cases where there may be significant injury, there are factors like policy insurance limits that could reduce the amount paid out. Or in some cases, coverage may be denied outright.
If there isn’t enough to pay the liens from the lowered settlement amount or a case is lost, the patient will still be held personally liable for the remaining debt. However, experienced Sacramento car crash lawyers are able to negotiate these liens down on the patient’s behalf. This is even if the lawyer didn’t initially negotiate the lien.
Most medical professionals prefer to work with patients because they understand the situation and would rather not take them to court. We are often able to negotiate liens down so that the doctor is compensated but the accident victim is still compensated for pain and suffering.
We can’t stress enough that your health is the most important priority. Insurance companies want to see the victim seeking medical care and then following through. There is no benefit to waiting—it can only get your claim denied or lowered.
If you’ve been in an accident and haven’t sought medical attention, we can help review your case and evaluate your options. Our phone number is (916) 619-5452 and we have an online contact form as well.
