Third Parties That Can Claim a Share in a Auto Crash Settlement – St. Louis Attorneys


A person who is injured in a car accident may succeed in getting a settlement after a lot of negotiation. But they may be surprised to learn that a major part of it has been paid to third parties and not much has come to him directly. This is due to the numerous liens on a settlement. All the liens should be taken into account when the settlement is being negotiated so that the settlement amount exceeds the person’s debts. Our St. Louis auto accident attorney will discuss this in detail.

Liens on a Car Accident Claim

A lien is the right of a person to possess the property of another person until he repays a debt. A lien holder can claim a share in the person’s car accident settlement. However, he has to get the approval of the court to do so.

Some of the parties which generally file claims for a car accident settlement are doctors’ offices, hospitals, health insurance and auto insurance companies.

Healthcare Providers

Doctors, hospitals and other healthcare providers are often some of the lien holders in a car accident settlement. Some of them may place a lien on the settlement while others may agree to a partial payment.

Hospitals and doctors bills may have to be paid from the settlement. Often, a doctors’ office or a hospital refuses to submit their billing through the person’s health insurance carrier. They prefer to issue a ‘claimed lien’ against the car accident settlement and wait for the full payment from the settlement when it is received. However, there are certain limits for the amounts that healthcare providers can claim from such settlements.

Health Insurance

The health insurance company takes up the responsibility for taking care of the person’s medical treatment and pays the medical bills for him. So it can request that the repayment is made from the car accident settlement. This depends on the kind of coverage. For instance, if the health insurance is via employment the person may have an ERISA protected plan. In such a situation, an ERISA lien could be placed on the car accident settlement.

Auto Insurance

If the person has medical pay in his auto insurance plan, some of his medical bills are paid by his auto insurance carrier. Therefore an auto insurance company can ask for a share in the settlement proceeds. But in many places, auto insurance carriers are not allowed to claim a share in a car accident settlement.

The plaintiff files a claim for a settlement in order to compensate for his losses. But, the lien holders have to be paid before he gets the settlement proceeds. If a major part of the settlement is used for paying the lien holders the claimant may not get enough reimbursement for his damages. In order to get a favorable outcome for him, it is essential to ensure that the claims made by the third parties are legitimate and have been taken into account during the negotiations for the settlement. An experienced St. Louis car crash lawyer can help get the compensation that you deserve.


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Safe Habits for Every Teenage Driver

Establishing safe driving habits early on can save lives!

Teen Driver - Adjusting Mirror

Statistics have shown that automobile accidents are the foremost reason for death among adolescents. The risk of being involved in automobile accidents is high within the first six months after adolescents receive their license to drive. More often than not, it is due to lack of experience and over enthusiasm from a perceived independence.

Speeding, distraction, and failure to notice and respond to possible dangers, are all common reasons for accidents involving teenage drivers. The common reason for distraction among adolescents is texting and driving. Recent statistics indicate that around 21% of adolescent drivers involved in automobile accidents were speeding. The risk of drivers between the ages of 16 and 19 being involved in an automobile accident is four times higher compared to drivers in an older age group or drivers between the ages of 25 and 69.

Some simple tips can help teenage drivers decrease their chances of being involved in an automobile accident.

Check Your Surroundings

Experienced drivers are in the habit of checking all of their surroundings on the road. In addition to checking what is going on in front of and behind one’s vehicle, it is vital to check blind spots before switching lanes. When teenage drivers are aware of their surrounds their chances of being involved in an accident decrease.

Monitor Your Speed

A drivers surroundings may change in an instant, making an unexpected stop necessary. For this, and other reasons, it is important for all drivers to monitor their speed and make sure that they are well within the speed limit. The main reason why speed limit notices are posted in some areas, such as exit ramps, is to ensure that inexperienced drivers are aware of the necessary speed that will allow them to safely exit ramps. It is also essential to teach adolescents how weather conditions, such as rain or snow, can affect driving situations.

Remove Source of Distractions

Lives can be saved when parents have rules while driving. These rules include not using mobile phones or setting a maximum number of people inside the vehicle. Probationary periods should be established by parents to ensure they gain enough experience to drive independently. Some authorities recommend that a six-month period should be established by parents before they allow their adolescent children to drive independently.

Evidence indicates that adolescent drivers whose parents establish regulations and provide supportive guidance for them are less likely to become involved in automobile accidents. Therefore if you are a parent it is vital that you instill safe driving happens in your child. It could save not only their life but the lives of others.

If you have been involved in a St. Louis car accident, contact The Hoffmann Law Firm, L.L.C. right away at (314) 361-4242 for a free consultation with an experienced attorney!