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38-27-103. Enforcement of lien and limitation of action.

Statute text

Any person, private or corporate, who pays over any money to any such injured person, his attorney, heirs, assigns, or legal representatives against whom there is a lien as provided in this article of which he has received notice as provided in this article is liable to the hospital having such lien for the amount thereof not exceeding the net amount paid to such injured person, his heirs, assigns, or legal representatives. Any action under this section shall be commenced within one year after the date of such payment, and the court shall allow a reasonable attorney's fee for the collection and enforcement of such lien.


Source: L. 67: p. 881, 1. C.R.S. 1963: 86-8-3.





Where liability coverage and PIP coverage is provided by same carrier, presumably under the same policy, notice given in compliance with 38-27-102 to perfect lien for the liability coverage was effective to reach benefits under PIP coverage. Rose Medical Center v. State Farm, 903 P.2d 15 (Colo. App. 1994).

Substantial compliance with the hospital lien statute is enough to satisfy the statute's filing and notice provisions. Strict compliance is not necessary. A lienholder substantially complies when it satisfies the statute's purposes through timely actual notice of the lien to those against whom the lienholder attempts to enforce the lien. Wainscott v. Centura Health Corp., 2014 COA 105, 351 P.3d 513.