How to File a Lien on an Auto Accident

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    • 1). Prepare the lien documentation, which should include the name of the hospital, dates of service and the total amount of the billing. The documentation should also include a representative's telephone number for contact purposes.

    • 2). Draft a notice of the lien according to your state's statutory requirements. Generally, the laws governing proper notice include the patient's name and address, accident date, name of the hospital administering the treatment and the names of all persons or entities potentially liable for the accident.

    • 3). Know the time requirements for filing a lien with a court of jurisdiction. Indiana law requires filing the lien within 180 days of the patient's discharge. Conversely, Georgia law requires filing the lien within 30 days of the patient's discharge.

    • 4). Go to the courthouse and file the documentation. Georgia medical providers, for instance, must file the documentation in the clerk of court's office of the county where the hospital does business and in the county where the patient resides. Upon payment of the filing fee, the clerk of court shall index and record the lien in the name of the patient.

    • 5). Mail a copy of the notice of lien, certified mail return receipt requested, to all parties who may be liable for the hospital lien. An attorney representing the patient and any insurance companies potentially responsible for settlement of the patient's claim should also receive the notice. Indiana law requires mailing a copy of the notice to the state's insurance department for insurance companies doing business in that state.

    • 6). File a certificate with the clerk of court's office when the lien has been satisfied.

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