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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111605
Experience:  Attorney experienced in commercial litigation.
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This thread was very helpful, but my question is what if the

Customer Question

This thread was very helpful, but my question is what if the Insurance company does not honor the lien and disburses settlement funds directly to the patient. Can the doctor then go after the insurance company in court for not honoring the lien? The lien was a voluntary patient lien, was filed with the secretary of state, and the insurance copy was sent a copy.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I'm not sure if my questions shows the thread i posted it on. so in short. the chiropractor i work for had the patient sign a partial assignment for any monies received from the insurance company as payment for bills or settlement for the total medical bills owed and filed it with the sec of state in Texas. We also sent these lien documents along with the bills to the insurance company and the patient. The patient settled with the insurance company without a lawyer, and refused to pay us. Can we go after the insurance company for not honoring the lien before paying out the settlement?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if you have a contract that granted you a lien over the insurance proceeds and you notified the insurance company of the lien and they failed to honor that lien, you can sue the insurer and also the patient as well. You have to sue both the insurer and patient, since ultimately if the insurer did not honor the lien, the patient can be liable still for the debt. However, if you have the proper lien documents the insurer could be liable as well and you would let the court decide which of the two should bear that burden.