Legal Question in Personal Injury in California

Auto accident unpaid medical bills

About 6 months ago my wife was in an auto accident. I had no medical expence insurance on my auto policy and she had no health insurance at the time. She signed a gross recovery contract with a lawyer a week or so later. She has been in treatment for her injuries ever since the accident. She hads $4100 in medical expenses from the Hospital visit and pyhsical therapy. The lawyer singed a lien for the chiroprator she is seeing now. The hospital has sent the bill to collections It is only a matter of time before the therapist does too.

In addtion she will likly be under care of the Chripracor for months or maybe more.

Should I send the at fault party the bills for the Chiropracter and the Hospital? If so will this affect her settlement other than by the amount owed these debts?

The lawyers assistant sugested that she set up a payment plan with the hospital, but this seems wrong to me since the at fault parties insurance company requested that we send them her bills some time ago.

The lawyer recomded that she not speak with them.

What should I do?


Asked on 2/22/07, 12:51 pm

3 Answers from Attorneys

Patrick Lanius Lanius & Associates

Re: Auto accident unpaid medical bills

You should have your attorney negotiate a lien arrangement with the hospital and/or the collections agency on your behalf, as well as any other creditors for the healthcare.

You probably should not deal directly with the adverse party's insurance carrier, but your atttorney could certainly try to do so and possibly try to have them pay the bills with a credit against ultimate settlement. However carriers are adverse to that and it may be easier to deal with the creditor.

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Answered on 2/23/07, 3:32 pm
Terry A. Nelson Nelson & Lawless

Re: Auto accident unpaid medical bills

Get a lawyer that is willing to handle the liens correctly and explain your issues to you. The liens are a promise to delay demanding payment til the case is over.

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Answered on 2/23/07, 4:06 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Auto accident unpaid medical bills

You shouldn't be doing anything. Your attorney should be handling this for you. The hospital and physical therapy will usually take a lien, and if they don't, the collection agency will usually take a lien. I would not set up a payment plan with the hospital at this point, but rather ask your attorney to try to get them on a lien for you. That is pretty standard.

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Answered on 2/23/07, 9:42 pm


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