Don't Lien On Me

It's a requirement in New Jersey that every driver has auto insurance.  Our system of medical bill payment for accident related treatment is called "No-Fault", which means that, regardless of fault, your own insurance company pays your medical expenses for treatment for injuries you get in a car accident.  Makes sense, right?  Why else do we pay all those high premiums if not to get some benefit when we need it?  And, the government doesn't want injured people having to chase a negligent driver's insurance company to get bill paid after an accident.

But, what about when you get hurt when you fall at a commercial property like a movie theatre, store or casino?  Who pays the bills then?  Sometimes, a property owner may have a "med-pay" provision on their insurance policy whereby a few thousand dollars could be made available for accident related bills.  Usually, however, the injured person must go to their own health insurance company, if they have one, to get the bills paid.

If that health insurance is through a federally backed program such as Medicare, or if the insurance is provided by an employer who self-funds their own insurance plan, then they would have a lien (a right to be paid back) on any settlement or jury verdict received, to the extent of the amount of money paid on the insured's behalf for medical bills.

However, New Jersey law also states that if it is not a federally backed or self-funded insurance plan, there is no right to assert a lien on any personal injury recovery.  So, if your personal injury lawsuit recovery is being "liened on", make sure your attorney checks to see if the company who wants your money is actually entitled to it.

 

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