Legal Question in Personal Injury in Hawaii

Aloha...

I was in a head on collusion with a drunk driver which was his fault. The drunk driver was a uninsured motorist. I have the unisured plan which I have received $100,00. My lawyer is intitled 33% of it. The check from my insurance was sent to my lawyer. He cut me a check from his firm for $33,333.40 and he said that's the best he can do. My lawyer said he can't give me the rest until the finale recap of my injuries from my Heath insurance. The reason being is that if for some reason when my Heath insurance wants to be remburst and if I don't pay them back that my Heath insurance can sew my lawyer cause he should of none better. So my questions are does my lawyer have the right to hold my money? Is my lawyer held responsible to pay off my Heath insurance? Can my Heath insurance go after my lawyer cause he gave me everything except his 33%? I don't know if this means anything but my Heath plan covers 90% injury bills. Thank you for taking the time to look at this looking forward to you response.


Asked on 11/29/10, 2:57 am

1 Answer from Attorneys
Robert Kawamura Kawamura Law Office

Your health insurance carrier does have a right to be reimbursed for medical expenses that it paid. Your lawyer does have an obligation to satisfy this lien and he should be attempting to negotiate a reduction of this "lien" amount and then after paying that out of your settlement proceeds, he will pay any remaining balance to you.

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Answered on 12/07/10, 11:06 am


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