Does my insurance company have a lien against my accident settlement?

I refer to this situation as the subrogation dilemma. The answer is complicated and depends upon what type of insurance you have, and what type of claim you have settled. For instance, under the Michigan No-Fault Act, your auto insurance company does not have any right to a lien on your 3rd party settlement for pain and suffering. This is largely because your settlement is for non-economic damages. Additionally, Michigan requires you to have auto insurance under the law. However, in the case of Medicare, they are entitled, by federal law, to reimbursement of past medical expenses when a beneficiary has recovered money from a different source. For instance,  if a recipient of benefits, slips and falls on defective property, medicare expects to get reimbursed for it's medical bills. This could potentially diminish  most of your settlement. Some insurance contracts state they have a right to subrogation by the contractual agreement. This allows the insurer to to "stand in the shoes" of the insured and pursue claims against the wrongdoer. In many cases, the insurance company simply sends a you a lien letter then sits back and waits for you to get recovery. Do not be fooled. In many instances, the insurance company claim is barred or the lien can be negotiated. An injured victim should always consult a qualified personal injury lawyer if confronted with an alleged subrogation lien. The Law Offices of Gerald R Stahl represents clients on personal injury cases and deals with numerous claims for subrogation.