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Can I revoke a lien on a personal injury claim?
Anonymous3 views4 answers
Yes, I know I might be personally liable and be sued by the person I gave the lien.
I gave a lien to a doctor on a personal injury claim. Lawsuit was filed with an attorney but I am now pro per.
I want to settle directly with the defendant (insurance company). I am told by one person that the insurance company must honor the lien.
My thinking is that the insurance company owes a duty to their insured to get him/her/it the best deal possible and can not refuse a settlement that they would otherwise accept because someone else (the doctor) say he has a lien (that I revoked).
Would it be any different/better if I did it through a CCP998 Offer to Compromise?
It sounds like you have just enough information about the legal process to be dangerous to yourself. Now that I have said that, I will try to respond to your question. The insurance company will likely demand that you honor the lien if they know about it. If the doctor or your former lawyer informed the insurance company about the lien, then they will likely insist that they put the doctor on the settlment check as a payee. If they do not know about it, they will not. The lien to the doctor is not a statutory lien (like Medi-Care and Medi-Cal). Those are the liens the insurance companies are really looking for.
And yes, if you fail to honor the lien, the doctor can sue you.
I do not know why you want to dishonor a lien after the doctor agreed to treat you (temporarily at least) for free. The best idea is to work something out with the doctor.
Yes, you can try a CCP 998. If that is accepted, then you have a judgment. The ins. company could still go in front of the judge, explain the situation, and have the judge order the disputed funds held, so a 998 might work, might not.
I hope that helps.
Adam Sorrells
Chico Lawyer
