Settling an Automobile Accident Claim on Your Own? Beware of Hidden Health and Medical Insurance Liens

Jason B. Goldman • March 16, 2022
Settling an Automobile Accident Claim on Your Own? Beware of Hidden Health and Medical Insurance Liens

We often receive telephone calls from potential clients who settled their own automobile injury claim without the assistance of an attorney, and who signed a final release concluding their claims. However, about 3-9 months later they’ve received a letter from their health insurance carrier (BCBS, UHC, Humana) demanding reimbursement for all medical bills paid by the carrier related to the client’s automobile accident. Oftentimes, the demand for reimbursement is either for more than the total settlement amount, or most of it. These clients tell their insurance carriers that they had no idea, and no one told them, of their obligation under their health insurance contract and Florida law to reimburse their health insurance carrier. When we receive these telephone calls (usually 3-5 per month), we have to give some very bad news – repaying these health and medical insurance liens is required, and the fact that no one advised you of this fact has no bearing. In these instances, these potential clients walk away from an accident with nothing or little to nothing. This can be completely avoided by having an experienced personal injury attorney on your side.

What are Subrogation and Collateral Sources?

Subrogation and Collateral Sources are the legal terms that ultimately require financial reimbursement to your health insurance carriers from your personal injury settlement proceeds.  Under applicable Florida and federal law, the parties who can subrogate against your personal injury settlement are health insurance carriers, medical payments coverage under your automobile insurance policy, Medicare, Medicaid, and uninsured motorist carriers.  If these companies made payments regarding an accident that you have received personal injury compensation for, they have a subrogation lien over your claim, and must be repaid from your settlement proceeds. Ignoring or refusing these liens, especially Medicare and Medicaid, can bring about lawsuits filed against you, and, potentially, criminal charges for attempting to defraud Medicare or Medicaid. Moreover, an injured party cannot tell or force these insurers to receive their reimbursement directly from the party who caused the accident.  Their right to reimbursement attaches directly to your claim, not to the driver who caused your accident.  Personal injury protection (PIP) benefits under your automobile insurance policy specifically do not require any reimbursement from your injury settlement proceeds.  Both Florida and federal law enforce these subrogation rights of insurers – there is no ignoring or getting around them.

An experienced personal injury attorney at GTS understands these liens and will not resolve your personal injury claim without factoring these liens into your “settlement equation”.  Additionally, GTS regularly and successfully negotiates substantial reductions of these liens with Medicare, Medicaid, medical payments insurance carriers, and all health insurance companies, including Blue Cross Blue Shield, United Health Care, and Aetna.  The successful resolution of these liens oftentimes “makes or breaks” a client’s personal injury claim.  Being able to negotiate a 50% reduction off a $95,000.00 health insurer lien saves a client $47,500.00!

Those not represented by experienced personal injury attorneys often learn about subrogation and collaterals sources after it’s already too late.  Once a personal injury claim is settled and a release signed, the injury claim is over. When we receive telephone calls of those injured in an accident who resolved cases without knowing the consequences of subrogation liens, it’s always a difficult conversation to have.  An opposing insurance company has no legal obligation to assist or inform an unrepresented claimant about subrogation liens that attach to their claim.  When we represent an injured party, resolving these liens in the most successful manner possible is an important part of the legal assistance we provide.  The unknown pitfalls of subrogation liens are one of the many reasons having an experienced personal injury attorney assisting you with your claim will maximize your recovery.

Getting Help from GTS Can Be a Real Game Changer

If you were involved in an accident caused by the negligence of another, learn how our Southwest Florida accident lawyers can help you and your family recover fair compensation for your personal injuries, medical bills, and lost wages.  Our experienced and compassionate team at  Goldman, Tiseo, and Sturges, P.A.  will advise you how we can help you and your family during a FREE consultation.  Please call us at (941) 625-6666, or send us a message through our  contact us box available on our website here.  Whether you are a resident of Florida or were injured while visiting from out of state, our Florida personal injury lawyers can assist.

Share This Post:

Out-of-State Defendant for a Personal Injury Case

By Jason B. Goldman • September 8, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Driving Habit Accidents: How Everyday Choices Can Put You at Risk

By Jason B. Goldman • September 8, 2025
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react.  Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666

Back-to-School Safety: Staying Alert in Busy Parking Lots

By Jason B. Goldman • August 13, 2025
As Charlotte County families prepare for the new school year, stores are crowded with parents and children picking up backpacks, notebooks, and other supplies. While the excitement is high, parking lots at big-box stores and shopping centers can become dangerous if drivers and pedestrians aren’t paying attention. Why Parking Lot Safety Matters Parking lots can be high-risk areas, especially during peak back-to-school shopping times. With increased traffic, pedestrians—especially children—can be hard to see, and distractions can lead to accidents. For Drivers: Navigating Parking Lots Safely Slow Down: Keep speeds low and be ready to stop suddenly. Stay Off Devices: Distractions can cause you to miss a pedestrian. Watch for Children: Kids can dart out from between cars without warning. Use Signals: Let others know when you’re turning or backing up. For Parents and Shoppers Hold Hands with Young Children: Keep them close in busy parking areas. Load Carefully: Position carts and children out of moving traffic while loading purchases. Teach Awareness: Remind kids to stop and look before crossing lanes or emerging from between cars. GTS Law Firm: Protecting Families in Charlotte County At GTS Law Firm, we know that even a quick shopping trip can lead to unexpected accidents. If you or your child is injured due to a driver’s negligence in a parking lot, our attorneys are here to help you understand your rights and seek fair compensation. Let’s keep this back-to-school season safe—not just on the roads, but in the parking lots where families gather to prepare for the year ahead. If you’ve been involved in a parking lot incident, contact GTS Law Firm for a consultation.

Back to School Safety: Sharing the Road with Buses and Students in Charlotte County

By Jason B. Goldman • August 13, 2025
As summer winds down and the school year begins, Charlotte County’s roads become busier with school buses, parents dropping off children, and students walking or biking to class. This time of year is a reminder for all drivers to slow down, stay alert, and take extra precautions to protect our community’s youngest members. School Bus Safety School buses are one of the safest modes of transportation for students, but safety depends on drivers following the law: Stop for School Buses: Florida law requires drivers to stop when a school bus has its stop arm extended and red lights flashing, regardless of the direction you’re traveling (unless there’s a divided highway with a barrier). Keep a Safe Distance: Maintain at least 20 feet behind a stopped school bus to give children space to cross safely. Be Patient: School bus stops take time as children may be crossing from multiple directions. Pedestrian and Bicyclist Safety Students walking or biking to school are more vulnerable during early morning and afternoon hours: Watch for Crosswalks: Always yield to pedestrians at crosswalks and school crossings. Slow Down in School Zones: Observe posted speed limits, which are often 15-20 mph in school areas. Avoid Distractions: Keep phones down and focus on the road, especially during pick-up and drop-off times. Tips for Parents and Students Teach Safe Habits: Remind children to look both ways before crossing the street and to use crosswalks. Bike Safety: Ensure children wear helmets and use bike lanes when available. Visibility Counts: Bright clothing or reflective gear can help drivers see students more easily. \ GTS Law Firm: Advocating for a Safer Community At GTS Law Firm, we are committed to helping keep Charlotte County safe—on and off the road. Unfortunately, accidents can still happen despite best efforts. If you or a loved one is injured due to a driver’s negligence, our experienced attorneys are here to protect your rights and seek the compensation you deserve. As we head into the school year, let’s all do our part to share the road responsibly and make this season a safe one for every student. If you have questions about your rights following a traffic incident, contact GTS Law Firm today for a consultation.