Q: Second opinion on personal injury case and assistance with medical billing.
On may 6th I was hit in the rear of my car well pulling into an open spot in my daughters school pickup line. I had been waved forward to the front of the line by the flagfers and the tesla that hit me appeared to be parked (no rear lights at all). I signaled and checked that I had space and we'll I was moving into the drop off lane the other driver pulled further forward and hit me at a low speed. After reviewing the footage my attorney felt 0that I cut the other driver off though the other driver was in a position to see me and should have been able to stop but didn't. They have not filed a claim against my insurance to date. In the meantime I had a minor back injury and went to a chiropractor he implied that because this was due to an accident that he needed a lien and though he was in network with my insurance he made it sound as if my insurance would not cover accidents. I was in pain and tired so I signed the lien and he is now billing me for the full balance can anything be done
A:
It sounds like you’ve had a challenging experience with both your accident and the subsequent medical treatment. In Nevada, getting a second opinion on your personal injury case can be valuable, especially if you have concerns about how your attorney is handling the situation or the advice you've received. Regarding the medical billing, signing a lien means that the chiropractor is seeking payment from any potential settlement rather than directly billing your insurance. However, if the chiropractor is in-network with your insurance, they should generally bill your insurance first, and the lien would cover any remaining balance not paid by insurance.
It's important to review the lien document you signed and the terms of your insurance policy. You may be able to negotiate the billing or explore other options to address the charges. To better understand your situation and explore possible solutions, I recommend contacting our office at 702-979-1455. We can help you navigate the complexities of your case and assist with any concerns you have about the medical billing.
Tim Akpinar agrees with this answer
A:
From the details you provided, both you and the other driver were maneuvering in a school pickup line. The fact that you were waved forward by a flagger and the other vehicle appeared stationary suggests that you took reasonable steps to safely pull into the spot. That said, I have not seen the video, and there may be a legitimate factual dispute here.
The fact that your attorney believes you may have cut the other driver off could complicate the matter, but it's essential to remember that liability is not a black-and-white issue. Even if you contributed to the collision, the other driver's failure to stop or avoid the collision could still place responsibility on them. It's possible that both parties could share some degree of fault.
Regarding your minor back injury, it’s unfortunate that your chiropractor insisted on a lien when they were already in-network with your health insurance. Typically, if a healthcare provider is in-network, they should bill your insurance directly, and the lien would only come into play if there were unresolved expenses after insurance. The chiropractor's suggestion that your insurance wouldn’t cover accident-related treatments may not have been entirely accurate. Health insurance generally covers medical treatments regardless of how the injury occurred, although the insurer may seek reimbursement from any eventual settlement through subrogation.
You may have grounds to dispute the lien, especially if the chiropractor is billing you outside of what your insurance would have covered. You can start by contacting your health insurance provider to clarify the coverage and potentially request they intervene in the billing process. If the chiropractor continues to bill you inappropriately, you may need to explore legal options to have the lien removed or reduced.
Your situation is complicated. You have options to address the medical billing issue and explore potential compensation for your injury. Keep communication open with your attorney.
Tim Akpinar agrees with this answer
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