Hospital Liens After a Car Accident
If you've been in a car crash and sought emergency treatment, you might be taken aback to get a bill claiming a "lien" on your settlement. It's confusing if you have decent health insurance. Yet, due to gaps in the laws of Georgia, hospital groups like WellStar, Northside, Piedmont, and Northeast Georgia Medical Center often argue that your health insurer isn't the primary payer but instead, the at-fault driver’s auto insurance is. They bypass your health plan to seek a larger cut of your injury settlement. While it's within the law, it often leaves accident sufferers without the full advantage of their health coverage, hindering their financial recovery from injuries and pain. Sometimes, individuals may even forego necessary treatments. Generally, this leads to poorer outcomes for the injured and greater compensations for hospitals and their legal teams, particularly when the at-fault driver's insurance coverage is insufficient.
Fortunately, as of 2023, Georgia has revised its hospital lien law mandating that specific medical providers process billing through the patient's health insurance prior to imposing a lien on a car accident settlement. The Georgia General Assembly added subsection (c) to O.C.G.A. § 44-14-471, which sets forth the fundamental obligation for hospitals to apply a lien to your vehicular accident settlement.
How Does This Help?
This significant amendment ensures that individuals who have suffered personal injuries can take advantage of their costly health insurance premiums by mandating that hospitals bill the health insurer first. Typically, this results in car accident victims incurring lower hospital costs (or paying rates previously agreed upon by their health insurer). Nonetheless, the law remains equitable to hospitals. Should the health insurance decline the expenses, hospitals retain their protection under the lien statute, as has been the case for many years.
What to Look for When Hiring a Car Accident Lawyer
Prospective clients in North Georgia have many choices when looking for a lawyer. Many law firms use mass marketing to draw in new clients but do not have a good handle on Georgia Law. In many cases, these “injury lawyers” don’t even live in Georgia and manage your case with a team of unskilled legal assistants. This situation can easily lead to a mistake in submitting your hospital bills to your health insurance. Failing to take advantage of this new consumer law could come at a great cost to your recovery. Attorney Anthony P. Matthews intentionally keeps a small caseload so that he can provide high-quality legal services to his car accident victims. He has worked with all of the major hospitals in North Georgia and knows how to bend the law in your favor.
If you have been in a car or truck accident and you have received a “lien notice” from a hospital, Contact The Matthews Law Firm today! Let’s discuss your options for compensation and make sure your medical bills are handled appropriately.