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Back January 07, 2020

Subrogation Laws in North Carolina

What is Subrogation?

In North Carolina, it’s important to be aware of any liens and subrogation interests that could attach to your personal injury settlement or judgment. Generally, a lien (in the personal injury context) is a legal right held by a third party to receive reimbursement directly from your personal injury settlement for services that they may have provided in relation to your injury causing event. For example, if you used your health insurance policy to cover medical bills arising from a post car accident Emergency Room trip, your health insurance provider likely has a right to subrogation to be compensated for their costs paid out of the proceeds of your personal injury settlement against the party who is at fault for causing your injuries. This also generally applies when Medicare and Medicare Advantage Plans who initially pay for medical bills arising from auto accidents and other injury causing events. Additionally, most chiropractors that provide post-accident treatment are typically paid through a lien that you generally agree to in a written contract prior to being provided with treatment. At Biazzo & Panchenko Law, our team has the requisite skillset necessary to negotiate reductions for all of your bills and liens, which will ultimately maximize your recovery.

Do I have to pay my Health Insurance Company Back for Bills from my Car Accident?

North Carolina law strictly prohibits subrogation clauses in state-regulated privately funded health insurance policies. So depending on your policy, you may not have to pay back your health insurance carrier for bills arising from your post-accident treatment. Contact Biazzo & Panchenko Law today for a free consultation where our attorneys can assist you in determining who would be entitled to subrogation out of your personal injury claim.

What types of Services do Subrogation to Personal Injury Claims Attach To?

Medical liens and Subrogation interests typically attached to settlement proceeds and judgment proceeds arising from personal injury cases when healthcare providers, insurance companies, or government programs, such as Medicare, have either provided medical services or paid directly for the medical services, equipment and treatment for you or your loved ones.

What are Some Common Personal Injury Liens and Subrogation Interests?

Some typical personal injury liens and subrogation interests include but are not limited to:

  1. Medicare Liens
  2. Healthcare insurance liens
  3. ERISA liens
  4. Medicaid liens
  5. State Employees and Teachers Health Plan liens
  6. North Carolina Workers’ Compensation liens
  7. TRICARE liens
  8. Ambulance liens
  9. Federal Employees Health Benefit Act liens
  10. Federal Workers’ Compensation liens and State Vocational Rehabilitation liens.

You should also be aware that in North Carolina, any physician who provides medical services can claim a medical lien against the proceeds of your settlement or judgment.

Get Your Case Evaluated

We strongly encourage you to seek the advice of a licensed North Carolina Personal Injury Attorney if you have been injured in a motor vehicle accident or other incident caused by another. You could potentially recover damages for medical expenses, pain and suffering, lost wages, property damage and other compensable damages. At Biazzo & Panchenko Law, we are prepared to negotiate a settlement for you or pursue your case through a jury verdict if warranted. Contact Biazzo & Panchenko Law today at any of our conveniently located offices in Charlotte, Matthews, Spartanburg or Greenville, to schedule your free Personal Injury consultation. This blog is not to be construed as legal advice.

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