Subrogation and Medical Liens in Washington Injury Claims

After a settlement, you may be surprised to learn that your health insurer, PIP carrier, or a medical provider claims a portion of your recovery. This is called subrogation or a lien, and Washington has rules that can limit these claims.

What Subrogation Means

When your health insurer or PIP carrier pays your accident-related bills, it may have a right to be reimbursed from your recovery against the at-fault party. Medical providers may also assert liens.

These claims can significantly reduce your net recovery if not handled properly.

Washington's Made-Whole and Pro-Rata Rules

Washington applies protections such as the 'made-whole' doctrine, which can limit an insurer's reimbursement when you have not been fully compensated, and pro-rata sharing of attorney fees with the subrogated insurer.

These rules can substantially reduce what you owe back.

Maximizing Your Net Recovery

Negotiating and properly applying these rules is an important part of maximizing what you actually keep. An attorney routinely handles these reductions.

If you have a Washington injury claim, a free case review can explain how liens may affect your recovery.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.