Question

  04/24/12, 10:10 pm
We were in a car accident in Jan. We closed the claim with the other guys insurance two months ago. Now our medical insurance is saying that we shouldn't close with them until they finish trying to get money for our ER visit. We have medical insurance, so why wouldn't they just cover us? We have already closed the case. The ER bills are about 4000 dollars. We didn't get that much from the other insurance company, who also never accepted blame for the accident. I don't know what to do. It doesn't seem fair that we should be held liable for those charges since we have medical insurance. We did sign a paper with the final check settlement that we waived our right to go after the other insurance for anything resulting from the accident in the future.
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United States   |   California  |  Personal Injury and Tort Law
Cost: Free

Answer

Darrell York Says:

Apr 25,2012 10:28 AM

Your medical insurance has a right to be reimbursed from the proceeds of your third party claim. They have a lien against the proceeds and you could have negotiated the lien. I have represented hundreds of clients in personal injury claims and lawsuits and there is almost always a medical lien that I must deal with before I can forward any funds to my client. You should have consulted with an attorney but now you have to deal with the insurance carrier. Call them and try and negotiate the lien.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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