Legal Question in Personal Injury in Ohio

Someone hit my truck january,2014. police made the report and there were injuries. i hired an attorney, several months later there was a $5000.00 check sent from my insurance company, which the attorney deposited into his account. few months later i started getting calls and bills from collection companies for my medical bills. i contacted the attorney to find out why the bills were not paid, he emailed me to say that the hospital had written them off. i told him i no longer needed his service, if my credit is going to be destoryed i am going to be the one to do it. he is no longer on my case and now the insurance adjuster does not want to return my calls. he sent an offer in the mail offering $8700.00 without the check for the medical bills. why are they trying to get my insurance to pay my med bills when the accident was not my fault and what are my options at this point sense my time is running out?

Asked on 7/20/14, 6:06 am

1 Answer from Attorneys

Andrew Tobergte McKenzie & Snyder LLP.

Sorry to hear about that. It sounds like your insurance company issued your former lawyer the $5,000.00 pursuant to your medical payments, or "med-pay" coverage. This is good coverage to have and utilizing it cannot raise your policy cost when you are not at fault (See Ohio Revised Code 3937.22). However, your insurance company is likely claiming a contractual right of subrogation. That is, they want the $5,000.00 paid back out of any settlement with the liability carrier. This is very common, but often times it is negotiable. I would be curious to know where the med-pay money is now? Also, do you have confirmation that your bills have been written off? Feel free to give me a call to discuss your case in more detail anytime. I can be reached at 513-737-5180 ext. 22.

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Answered on 7/21/14, 5:18 am

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