In the recent Illinois Appellate Court Decision of McRoberts v. Porter, the Appellate Court held that the Health Care Services Lien Act applies to uninsured/under-insured claims in addition to standard liability coverage. 2013 IL App (5th) 120017.
The facts of the case are simple. Plaintiff was involved in a motor vehicle accident and suffered substantial injuries. The liability policy of the defendant was $50,000.00, which the defendant tendered. There was also an under-insured motorist benefit of $50,000.00, which was also tendered to the Plaintiff. While the liability portion of the settlement was clearly subject to the Health Care Services Lien Act, the plaintiff disagreed with several health care providers who calculated their lien entitlement based on the total $100,000.00.
The Appellate Court agreed with the medical providers. The Court heavily relied on the plain language of Section 20 of the Health Care Services Lien Act which provides:
the lien of the health care provider or health care professional under this act shall, from and after the time of the service of the lien notice, attach to any verdict, judgment, award, settlement, or compromise secured by or on behalf of the injured person.
770 ILCS 23/20 (West 2015).
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The Court reasoned that the statute was unambiguous in its intent to apply to any and all claims or awards, and that uninsured and under-insured motorist benefits are obtained pursuant to a claim. Therefore, the Court held that medical providers were entitled to 40% of the $100,000.00, not merely the $50,000.00 liability coverage, pursuant to the Health Care Services Lien Act.
If you or a loved one has been injured in a car accident, contact The Kryder Law Group, LLC for your free consultation.