Who pays for my treatment after a car crash? What is a medical lien?
If you've been injured in an accident caused by someone else, you may have questions about your legal rights. It's always best to seek advice from an experienced attorney to help you navigate the legal process. Most attorneys offer free consultations, either over the phone or in person, to answer your questions.
Many wonder if the insurance company will pay their medical bills after an injury. Unfortunately, it is common for insurance companies to dispute these claims, which is why many people choose to hire an attorney. Contrary to popular belief, the insurance company that covers the person responsible for the crash is not obligated to pay your medical bills. It is your responsibility to pay them yourself.
However, the insurance company may consider settling and paying your medical bills and other damages if they are presented with strong evidence that their insured is at fault, caused your injuries, and medical treatment was reasonable and necessary.
It's important to note that Oklahoma law allows medical providers to get paid if the patient receives a settlement or court award. This is known as a medical lien. If your medical provider is willing to handle your payment arrangements through a medical lien, they must file the necessary documents at the courthouse and provide copies to everyone involved, including all insurance companies and your attorney (if you have one). Once this is done, if your case settles or wins in court, the paying insurance company must place your medical provider's name on the settlement check or award. Please note that the medical lien does not attach to your house; it is only your injury case if it settles or wins in court.
If you are applying for a loan, the processor may ask questions about the lien. Direct them to Oklahoma law (Okla. Stat. Tit. 42 Section 46), which clearly states that the lien is only against the occurrence of an injury settlement or court award and has nothing to do with your credit. If your case does not settle or lose, you are still responsible for paying the medical bill.
As you can see, having a medical lien against your injury case is beneficial. It ensures that you receive proper care for your injuries and provides your medical provider with a safeguard to be paid for their services.
Please Note: This does not constitute legal advice or establish an attorney-client relationship. If you have questions of a legal nature, you should contact an attorney at law. Our office does not receive kickbacks or incentives for making professional referrals. It’s your responsibility to choose the right team of caregivers and counselors for your unique situation.