Oklahoma § 42-49 - Ambulance service provider liens

§ 42-49. Ambulance service provider liens

A. Every person, company, governmental entity, or trust

authority operating an ambulance service within this state who or

which performs ambulance services for any person injured as a result

of the negligent or intentional act of another shall, if the injured

person asserts or maintains a claim against another person for

damages on account of the injuries, have a lien for the amount due

for the ambulance services upon any recovery or sum had or collected

or to be collected by the injured person or the estate of the

injured person in the event of the injured person's death, whether

by judgment, settlement, or compromise. The lien shall be inferior

to any lien or claim of any attorney representing the injured

Oklahoma Statutes - Title 42. Liens

person. The lien shall not be applied or considered valid against

any claim for amounts due pursuant to the provisions of Title 85A of

the Oklahoma Statutes.

B. In addition to the lien provided for in subsection A of this

section, every person, company, governmental entity, or trust

authority operating an ambulance service within this state who or

which performs ambulance services for any person injured as a result

of the negligent or intentional act of another shall have, if the

injured person asserts or maintains a claim against an insurer, a

lien for the amount due for the ambulance services upon any monies

payable by the insurer to the injured person.

C. No lien which is provided for in this section shall be

effective unless, before the payment of any monies to the injured

person or the injured person's attorney or legal representative, as

compensation for the injuries or death:

1. A written notice is sent setting forth a statement of the

amount claimed, identifying the insurance policy or policies against

which the lien is asserted, if any, and containing the name and

address of the person, company, governmental entity, or trust

authority claiming the lien, the injured person, and the person,

firm, or corporation against whom the claim is made, is filed on the

mechanic's and materialman's lien docket in the office of the county

clerk of the county where the principal office of the claimant is

located; and

2. The claimant sends, by registered or certified mail, postage

prepaid, a copy of the notice with a statement of the date of filing

thereof to the person, firm, or corporation against whom the claim

is made and to the injured person. The claimant shall also send a

copy of the notice to the attorney for the injured person, if the

name and address of the attorney is known to the claimant.

D. A lien created pursuant to this section may be enforced in a

civil action in the district court of the county where the lien was

filed. An action shall be brought within one (1) year of a final

judgment, settlement, or compromise of the claim asserted or

maintained by or on behalf of the injured person. The practice,

pleading, and proceedings in the action shall conform to the rules

prescribed by the Oklahoma Pleading Code to the extent applicable.

Added by Laws 1995, c. 194, § 5, eff. Nov. 1, 1995. Amended by Laws

1999, c. 293, § 23, eff. Nov. 1, 1999; Laws 2018, c. 195, § 3,

emerg. eff. May 3, 2018.