--- description: A health insurance lien is a claim filed by a health insurance company against the proceeds of a personal injury settlement. title: Health Insurance Liens and Personal Injury Settlements canonical: https://www.lawfran.com/health-insurance-liens-and-personal-injury-settlements/ date_modified: 2023-06-20T16:26:16+00:00 practice_area: personal-injury --- - Health Insurance Liens and Personal Injury Settlements [Home](https://www.lawfran.com/) » Health Insurance Liens and Personal Injury Settlements # Health Insurance Liens and Personal Injury Settlements Last Updated: June 20, 2023 - Reading Time: 4 minutes trusted Content Legally Reviewed by: Fran Haasch Updated 3 years ago [![Tampa Bay Trial Lawyers Association](https://www.lawfran.com/wp-content/uploads/2023/12/tbtla-1.webp)](https://www.tbtla.us) [![10 Best Attorney Client Satisfaction American Institute of Personal Injury Attorneys](https://www.lawfran.com/wp-content/uploads/2022/01/logo-4.png)](https://www.aiopia.org) [![Avvo Rating 10.0 Superb](https://www.lawfran.com/wp-content/uploads/2022/01/avvo.png)](https://www.avvo.com) [![Florida Justice Association Logo](https://www.lawfran.com/wp-content/uploads/2022/01/logo-5.png)](https://www.myfja.org) [![elite Lawyers of America ELA](https://www.lawfran.com/wp-content/uploads/2022/01/logo-3.png)](https://www.elitelawyer.com) [![National Alliance of Attorneys Distinguished Member logo](https://www.lawfran.com/wp-content/uploads/2022/01/distinguished-member-2020-1-300x256.png)](https://naoatty.org) [![American Academy of Attorneys Top 100 2020](https://www.lawfran.com/wp-content/uploads/2022/01/AAOA-Top-100-2020-1-1-300x212.png)](https://aaoaus.com/directory/categories/florida-top-100) [![American Association of Justice logo](https://www.lawfran.com/wp-content/uploads/2022/01/logo-2.png)](https://www.justice.org) [![Multi-Million Dollar Advocates Forum](https://www.lawfran.com/wp-content/uploads/2022/01/logo-1.png)](https://www.milliondollaradvocates.com) Table of Contents Our Case results [$5,010,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/5010000/) [$4,000,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/4000000-3/) [$4,000,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/4000000-2/) [$4,000,000 Catastrophic Injury, Personal Injury](https://www.lawfran.com/blog/case-results/4000000/) [$3,010,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/3010000/) [$2,405,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2405000/) [$2,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2400000-2/) [$2,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2400000/) [$2,330,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/2330000/) [$2,300,000 Medical Malpractice, Personal Injury](https://www.lawfran.com/blog/case-results/2300000/) [$1,800,000 Car Accidents](https://www.lawfran.com/blog/case-results/1800000-2/) [$1,800,000 Car Accidents](https://www.lawfran.com/blog/case-results/1800000/) [$1,600,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1600000/) [$1,550,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1550000-2/) [$1,550,000 Car Accidents](https://www.lawfran.com/blog/case-results/1550000/) [$1,500,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1500000-2/) [$1,500,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1500000/) [$1,494,446 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1494446/) [$1,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1400000-2/) [$1,400,000 Motorcycle Accidents](https://www.lawfran.com/blog/case-results/1400000/) [View All Results](https://www.lawfran.com/case-results/) Our Practice Areas Testimonials Extremely attentive and considerate. 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Frequency may vary. Message & data rates may apply. Text HELP for assistance, reply STOP to opt out. Submit Δ ![Health Insurance liens and personal injury settlements](https://lh6.googleusercontent.com/DvwXS2mWFianMbot9l1x6GcOzDgBo-DErULXEryWFeR0m4zSTjBzpHifeD7N0CBIoYRYd3vnVeGVY_jFN7PZAAg0xSyrd8xUy4ZLM3ZWH1fbQhbV9ogTXRiYoY8IoMZgRkdySWA2DPmTjPf7) A health insurance lien, also called a subrogation interest or a right of reimbursement is a claim filed by a health insurance company or federal or state program, against the proceeds of a personal injury settlement. The purpose of the lien is to recoup money that the health insurer paid out for your medical treatment related to the accident. Most health insurance providers include language in their policy that entitles them to claim a health insurance lien. If this is in your policy, you would have agreed to reimbursement when you signed the policy. Unfortunately, most people are not aware of what language their health insurance provider included in the policy or the legal effects it may have. This is especially the case in instances where Medicare, Medicaid, or other federal or state program that helps with healthcare costs. In fact, most of our clients are not aware of the lien until after they’ve suffered an injury. At[The Fran Haasch Law Group](https://www.lawfran.com/contact-us/), our personal injury attorneys have experience dealing with health insurance liens. We will work with you and your health insurance company to ensure you get the full settlement you deserve. **Here’s what you need to know about liens on your personal injury settlement.** ## How a Lien Affects Your Personal Injury Settlement If you have health insurance, your insurer has a right to be reimbursed from your personal injury settlement for the medical expenses paid on your behalf. The amount of the lien generally depends on the terms of your health insurance policy. ## Read Your Health Insurance Policy Carefully Never assume that your health insurance carrier has a lien. Some health insurance carriers claim to have a lien even when the policy does not provide for that right. Read your policy or share it with your attorney to ensure the policy authorizes a lien. Your policy should outline what health insurance lien your health insurer has on your settlement proceeds. ## Your Health Insurance Company Can Only Recover Payments for Medical Treatment Related to Your Claim It is important to note that your health insurance company can only recover payments for medical care related to your injury claim. For example, if you were in a car accident and received treatment for injuries sustained in the accident, your health insurer could file a lien against your injury settlement. However, if you received treatment for a pre-existing condition unrelated to the accident, your health insurer could not file a lien against your personal injury settlement. ## Liability and Insurance Coverage in Health Insurance Liens In some cases, there may be more than one person at fault for your accident. In these instances, the jury will assign each party a percentage of fault. This is called [comparative negligence](https://www.lawfran.com/blog/2023/04/what-bikers-need-to-know-about-hb837/) in Florida. Health insurance companies should then reduce the lien to account for the fact that you (the injured person) are not receiving 100% compensation. For example, if the other party is assigned 50% fault, the lien holder must also not receive more than 50% of their lien. Additionally, when the amount of available insurance limits recovery, health insurance carriers must consider the total value of the claim if there has been a full recovery and adjust their collection efforts accordingly. [Florida Statute 768.76(5)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.76.html)** requires the court to “give consideration to any offset in the amount of settlement or judgment for any comparative negligence of the claimant, limitations in the amount of liability insurance coverage available to the tortfeasor, or any other mitigating factors which the court deems equitable and appropriate under the circumstances.”** ## Liens Cannot Increase After the Date of Settlement or Judgment Once you [settle your personal injury claim](https://www.lawfran.com/what-types-of-damages-can-i-recover-in-a-personal-injury-claim-in-florida/) or receive a judgment in court, the amount of the health insurance lien cannot increase. ([768.76(8)](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.76.html)**)** ## What If I Have Personal Injury Protection (PIP) Insurance? [Florida law requires](https://www.lawfran.com/car-accident-lawyers/florida-car-insurance-laws/) all drivers to carry $10,000 in PIP coverage. With [this coverage,](https://www.lawfran.com/car-accident-lawyers/minimum-car-insurance-in-florida/) your insurer will pay 80% of your medical bills up to $10,000. Once your limit is met, you will be responsible for the 20% PIP did not pay. If you were in a car accident and suffered $20,000 in medical bills, your PIP insurer would pay $10,000, and you would be responsible for the remaining $10,000. If you have health insurance, you may use it to cover the remaining $10,000. In this case, your health insurer may be able to file a lien against your personal injury settlement for the $10,000 (or lower) it paid for on your behalf. ## Contact a Personal Injury Attorney If you have questions about health insurance liens and personal injury settlements, contact an experienced personal injury attorney. An attorney can help you understand your rights and options. At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the loved ones of those wrongfully killed secure the full, fair recovery they are owed. We offer dedicated legal representation for accident victims. If you feel you have been the victim of an accident through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or[contact us online](https://www.lawfran.com/contact-us/) to get started on receiving maximum compensation for your personal injury case. INJURED IN FLORIDA? The Fran Haasch Law Group Is Here for You. Whether you’ve been hurt in a [motorcycle crash](https://www.lawfran.com/motorcycle-accident-lawyers/), [car accident](https://www.lawfran.com/car-accident-lawyers/), [truck collision](https://www.lawfran.com/truck-accident-lawyers/), or another serious incident, you deserve strong legal representation. Our experienced Florida [personal injury attorneys](https://www.lawfran.com/palm-harbor-personal-injury-lawyers/) will fight to protect your rights and help you recover the compensation you need. [Schedule Your Free Consultation](https://www.lawfran.com/contact-us/) Share this page Find an Office Near You Our Personal Injury Locations At Fran Haasch Law Group Accident & Injury Lawyers, we’re proud to serve clients throughout the greater Tampa Bay area and beyond. With multiple offices across the region, our team is dedicated to making it easy for you to access experienced legal help close to home. Select a location below to learn more about the services available near you. 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