What to do if I was involved in an auto accident that totaled my new car and left me with a herniated cervical disc and possible facet joint damage?

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What to do if I was involved in an auto accident that totaled my new car and left me with a herniated cervical disc and possible facet joint damage?

I’m still in pain and under treatment. I was not at fault (T-boned by an elderly man in an old station wagon). I fear the man only has minimal insurance ($25K in NH) while my uim coverage is $50K. At this time I’m still in wild pain with my current medical bills (paid by my health insurance) up to $17K. My question is, can my health insurance attach a subrogation lien against both my settlement from the other driver as well as my own uim coverage? To clarify, I live and am insured in one state but was hit in another state by resident.

Asked on August 7, 2013 under Personal Injury, Massachusetts

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Your health insurance can generally only attach a lien if it is some sort of ERISA or government-funded insurance plan, such as Medicaid or if you work for a government agency.  You really need a personal injury attorney to handle this for you with a claim of this size.  If possible, find one who has an office in your state but also is admitted in the state where the accident happened.


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