Health insurer put a lien on my settlement — can I actually negotiate that down?
So I'm trying to handle my own injury claim after getting rear-ended by someone who had no insurance. My own car insurance is covering me under my uninsured motorist policy, and we've basically landed on a settlement number. I thought that was the finish line. Nope.
Turns out my health insurance paid out a pretty substantial chunk for my ER visit, the follow-up imaging, and a few months of physical therapy — and now they're asserting a subrogation lien for all of it against my settlement. I didn't even know this was a thing until my car insurance mentioned it while we were wrapping things up.
A few things I'm genuinely confused about:
- Does the money flow through me, or does my car insurance just cut them a check directly?
- Is negotiating the lien amount actually possible, or is it basically fixed?
- Would my car insurance company ever go to bat for me on this, or am I on my own?
I've read a few things online about a "made whole" doctrine — basically the idea that the health insurer shouldn't be able to collect if I haven't been fully compensated for everything I lost. But I have no idea if that applies in my situation or how to even raise it.
I'm doing this without a lawyer mostly because I figured I could manage it myself and save the contingency fee. But now I'm wondering if I'm leaving real money on the table by not having someone who knows this stuff negotiate the lien on my behalf.
Has anyone been through this? Did you push back on the lien amount and actually get somewhere? Would love to hear how it went.