Stockton, CA asked in Personal Injury, Elder Law and Car Accidents for California

Q: I get in a car accident and the driver's insurance covers all the bills, yet I have to pay $5000 more

so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500 settlement loan advancement that I pay back in January, why does the law firm has anything to do with me and the settlement advancement company? If I signed for the loan advancement, I should be the one that deals with that right?

And the lawyer gets 33% Lawyer's Fee and I have to pay for advancement out of this case , why do the case chiropractor visits seems to be doubled, as if the law firm thinks I have to pay more?... I THOUGHT THE DRIVER'S INSURANCE POLICY PAID FOR ALL THE BILLS, yet my law firm seems to think I should pay for that again!!! Please somebody help me because I feel like I am getting took!!

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:

1. Insurance coverage vs. settlement:

Even if the other driver's insurance covers your medical bills, your settlement may include additional compensation for pain and suffering, lost wages, or other damages. The $5000 you're being asked to pay might be related to these other aspects of your case.

2. Medical liens:

Sometimes, medical providers place liens on settlements to ensure they get paid. It's possible that while the insurance covered some bills, there are outstanding balances or liens that need to be settled from your compensation.

3. Settlement loan:

Typically, settlement loans are paid back from the settlement amount. Your law firm may be handling this repayment as part of disbursing your settlement funds. This is common practice to ensure all debts related to the case are settled.

4. Lawyer's fees:

The 33% fee is standard for personal injury cases. This comes out of the total settlement amount.

5. Chiropractor visits:

It's concerning that these charges seem to be doubled. You should ask your law firm for a detailed breakdown of all medical expenses and how they were calculated.

6. Communication issues:

It seems there may be some miscommunication or lack of clear explanation from your law firm. You have the right to request a detailed breakdown of all costs, fees, and disbursements from your settlement.

Recommendations:

1. Request a detailed itemized statement of all costs, fees, and disbursements from your settlement.

2. Ask for clarification on any items you don't understand or that seem incorrect.

3. If you're not satisfied with the explanations, consider seeking a second opinion from another attorney.

4. Remember that you have the right to dispute any charges you believe are incorrect or unfair.

If you feel that your law firm is not acting in your best interests or is mishandling your case, you can file a complaint with the California State Bar.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat, that's when things change. Attorneys sometimes challenge the denials in arbitration or civil court. Another approach is where the medical provider agrees to treat based on a lien or assurances that patient will pay out-of-pocket for treatments no longer covered by insurance. It's possible that something along those lines happened to you, but one would need to see the file to advise definitively. Good luck

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