Is there a statute of time, health insurance lien holders have to seek payment on a personal injury settlement

Question

This question is for the state of New York.

Answer 1

Not exactly.

Once the lein is there, it's there forever, until discharged by bankruptcy court or debt payment.   But the subrogation laws are still subject to the statute of limitations.

This translates as, if you don't sue the at fault party before your state statute of limitations is up, you can't collect any money from them, and neither can your health carrier.  

But if the settlement is offered and accepted, your health insurer can come after you - with no time limit - to be reimbursed for the money YOU received, that should have been used to cover the medical bills, they covered.

You can't double dip - be paid by two different people for the same claim.  So that second payment is going to be recoverable by the first payer, forever.