If you're making an injury claim after a car accident, keep in mind that it's fairly common for some other individual or business to have a "lien" on your claim proceeds. In plain English, that means they have a financial right to part of any car accident settlement or court judgment you end up receiving. Here's what you need to know:
A lien gives a person or company a right over someone else's property, or an interest in their legal claim. Sometimes called a "security interest," a lien can come from a contract, or from state or federal law.
A good example of a lien is a mortgage, which gives the bank or mortgage company a right over your real estate. As long as you pay your mortgage, the bank cannot take your property, but, if you stop paying your mortgage, the mortgage gives the bank the right to foreclose on your property.
In the personal injury and car accident claim context, a lien gives a person or business the right to recover part of any compensation you end up receiving through resolution of your claim.
The official creation of an enforceable lien is usually governed by state law:
There are several types of liens that can be placed on a car accident insurance settlement or court judgment in the injured person's favor. Some of the most common liens come from the following types of services, contracts, and debts:
Let's take a closer look at the different kinds of liens that could arise in a car accident case.
Many people with personal injury claims end up with unpaid medical bills. Most states have a law that allows health care providers to place a lien on the injured person's case, meaning the facility or health care professional who gave you medical care after your car accident has a lien on any money that you might receive on your claim through a settlement or court judgment.
Learn more about paying medical bills after a car accident.
Most states' laws say that hospitals and other health care providers are only entitled to liens stemming from care that was "reasonable" or "necessary" (or similar language). Other states have more specific restrictions on medical liens. In Illinois, for example, if health care provider liens amount to more than 40 percent of the total compensation the injured person received, the liens will usually be capped and reallocated among the various lienholders.
In many health care lien scenarios, a car accident lawyer will try to negotiate with the health care provider to see if they'll agree to accept less than the full amount of the lien.
Insurance companies that have paid out insurance benefits to an injured person will almost always have a contractual lien allowing the insurer to be repaid if the insured person receives a car accident injury settlement or award. The lien language will be in the insurance policy.
Insurance liens arise from all types of insurance benefits, including:
Get more details on using health insurance to pay for car accident injury treatment.
If a car accident injury claimant receives local, state, or federal government benefits as a result of the crash, the respective government branch or agency will almost certainly have a statutory lien on the injured person's financial recovery.
The kinds of government benefits that might create a lien include:
Some car accident injury claimants decide to get a pre-settlement loan. That usually means signing a contract with a pre-settlement loan company, giving them a lien on the proceeds of the injured person's claim. Pre-settlement loan companies rarely agree to negotiate a reduction of the amount owed, which is just one of many reasons to think twice before signing up for a pre-settlement loan in a personal injury case.
If a lien exists on a car accident settlement, the claimant's lawyer must repay the lienholder before disbursing any settlement or court-order judgment to the client.
If the lawyer knowingly fails to repay the lien out of the client's settlement or verdict, the lienholder will almost certainly sue the lawyer (and the client) for the money, and the lawyer will almost definitely be sanctioned by their state's legal governing authority.
If you're concerned about potential liens on your car accident settlement—and especially if you think you'll need help trying to negotiate with a lienholder—it might make sense to discuss your situation with an experienced legal professional.
Of course, navigating the lien landscape is just one way a car accident lawyer can help you get the best outcome for your case. Learn more about finding and hiring the right car accident lawyer. You can also use the tools on this page to connect with a car accident attorney in your area.