Legal Question in Personal Injury in Colorado
accident, not my fault. Harley is totaled. woke up in hospital july18,2010. still don't remember any of accident. faulty party's insurance has offered $8,500.00 for bike, have $1,100.00 in it. only $25,000.00
policy. was in 2 hospitals for total of a week. stitches in head,chipped fractured right arm,pelvic bone is separated right side from the left. 1st hospital cut me loose after 2 days. took stitches out of my head, took off the catheter and left with a cast on r. arm, black and bluer from waist to middle of thighs, swollen and hardly moving, with no pain medicine.went back at 4am and they x-rayed pelvic again said it was separated and wanted me in surgery by 3:30 that afternoon. I wanted another opinon and went to another hospital. ended up there for 4 days and left with an elastic kind of brace I am still using and other medical problems. I have no insurance of my own had things worked out on hospital bills, insurance lady said send her paperwork showing there was no lien and check for medical would be sent to me to take care of any unpaid bills and that I should have some money for pain and suffering. I sent the paperwork showing no liens and did not hear from insurance lady for over 2 weeks after leaving messages. I have now received a letter from the 1st hospital filing a lien on me for the $27,000.00 and $5,000.00 bills saying they are going to take the $25,000.00 insurance money and bill me for the rest. no price breaks like the insurance lady said they would. What Happened? the insurance lady called the hospital and told them something. while trying to find out what happened I finally spoke to the insurance lady. she denied calling the hospital, after she stumbled over her words. said they called her. she put on a show of no idea of what happened but she would help me out and talk to them about the negotiating of the bill that the hospital was very matter of fact and not really very nice as they did not care about me getting any of it. But they did verify that the insurance lady called them on Oct. 21st. I did not at any time, in ANY way give anyone authorization to speak to any of my medical providers. Can she do that? and do I have any dealing power with the hospital being that the check will be in my name also? The accident wasn't my fault, my bike is totaled but I can buy it back for $3,000.00, I can't even take my dog for a walk, I can't do alot of the things for my work, I'm afraid I'm going to need the metal plate put in my pelvic bone but I sure don't need the 6-8 weeks recovery or a cut all the way across my gut or any of those bills or not being able to work for ? with or without the surgery? Do I really get 0 ? It sure would be nice to tell the kniveing insurance lady I'm going to sue her and really mean it. I haven't signed anything yet, except for this pretty tired but hopeful request for a couple of real answers, Do I have a case with breaking confidentiality or infringing on privacy or unethical or illegal conduct by contacting the hospital? Do I have a right or a chance at being able to get any of the medical money or any money other than the $25,000.00 that they say I can't have? What about future medical? And bills right now that still haven't been paid? I really need to know where I stand or if I stand. Please, help me with at least some answers. Much appreciation. signed, Rebelreddy
2 Answers from Attorneys
Did you have motorcycle insurance? What is your uninsured/underinsured motorist coverage? Why do you believe the at fault driver only has $25k in insurance? Does the at fault driver have any property or money?
1) you want to get as much out of the at fault driver's insurance company but beware of any stipulation that says at fault driver's liability is completely covered by insurance
2) you want to get any money or property from at fault driver or at least a judgment against at fault driver for any future money/property
3) you want to try to get your uninsured/underinsured protection to pay for rest
4) you should negotiate a better deal with hospital
if you have underinsured motorist protection, that may solve most problems
You have asked a number of questions.
A hospital can file a statutory lien to put its patient and any responsible third party (insurance company) on notice that the hospital is claiming a right to be paid in the event the third party insurance company provides coverage. But, the hospital must properly comply with the statute to make its lien valid and enforceable. Determining whether the hospital properly "perfected" its lien should be step number one for you.
You must carefully consider all possible avenues to your financial recovery. I would not recommend that you sign any release until you have a full and complete understanding of your available options.
I would be happy to meet with you and discuss your situation in further detail. Please call or email at your convenience.
Russell Hatten
Chalat Hatten & Koupal, P.C.
1900 Grant Street, Ste. 1050
Denver, CO 80203
303.861.1042 Office
303.898.3987 Cell
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