In some instances, a hospital may assert a lien over potential settlement money arising from a car accident. However, the Nevada Supreme Court in Washoe Med. Ctr., Inc. v. Reliance Ins. Co., 112 Nev. 494, 497, 915 P.2d 288, 289–90 (1996) explicitly held hospital liens do not attach to first-party coverage (Uninsured / Underinsured coverage) — only to an adverse driver’s liability insurance.
The Court held that hospital liens do not attach unless injured patient claims damages from third-party tort-feasor and the patient is subsequently aw
arded damages pursuant to judgment, settlement, or compromise with third-party tort-feasor or with tort-feasor’s liability insurance. The operative statute, NRS 108.590, permits liens only when an another tort feasor is liable — not when a patient is making a claim on his or her own first party insurance coverage.
If you have been involved in an accident, do not risk jeopardizing your case by dealing with the insurance companies on your own. Call the experienced attorneys at Yan Kenyon. Initial consultations are free, and we do not get paid unless you do.
Call for your appointment at 702.888.0000.
