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WHAT TO DO IF THE LIEN OF THE NAVY IS MORE THAN THE POSSIBLE RECOVERY AN ACCIDENT VICTIM CAN OBTAIN

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The military offers health insurance to their personnel. If that person is injured on the roadway while not on duty, they are covered. However, federal rules require reimbursement of the amount paid if the victim recovers from the negligent third party. What about the circumstance of not enough insurance, or no insurance? Of course if there is no insurance, there is no point in prosecuting a negligent person if they cannot pay a huge judgment, since the Navy gets paid first.

But look at when someone has insurance. Take my recent client who was injured severely in an accident. The defendant had only $100,000 of insurance and no house, no car and no other means of paying for a judgment. The policy was offered, but the Navy has to be reimbursed, $98,000. So what to do.

The Judge Advocate will allow a waiver of the lien in extreme cases. So we are in the lengthy process of asking for that waiver. While we have been successful in most cases such as this, it still is long and hard to get a waiver. It is also not for the weak of heart or a non professional. As this case unfolds, I hope for good news for this client. I will keep posting on this one.