Legal Question in Personal Injury in Virginia
ERISA Lien
I was involved in a car wreck in Kentucky, but I live in Virginia. My insurance company has made the settlement payment, but my husband's private Insurance company (Health Insurance) - Aetna -paid most of my medical bills and is through a union company. They have placed an ERISA lien against my money. Can they do this? How long once they are notiified of the settlement, does the insurance company have to try and collect? How much can they collect? My attorney has had this letter since August 2, 2004, but did not notify me until I had already signed the release of the settlement and the check for the money. What options do I have.
2 Answers from Attorneys
Re: ERISA Lien
oh dear, the attorney should have told you that. I believe they do have a right to be reimbursed but you should read the language of the policy to verify that. Because its a lien it has to be paid out of the settlement proceeds. Also, your attorney could try to negotiate the lien down if funds are low or short.
Re: ERISA Lien
Your question is confusing as it's unclear who was responsible for the accident, who all(other than yourself) was injured, and what, exactly, was the settlement for? (Aetna is undoubtedly entitled to claim subrogation to any payments you receive as reimbursement for medical costs paid in your behalf under your husband's policy.)
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