QUESTION
Can my friend use the check to pay for her bills?
Asked on Mar 24th, 2013 on Automobile Accidents - North Carolina
More details to this question:
A friend of mine was in an accident some time ago. Recently, she started getting bill collectors calling her. The person who owned the vehicle filed an insurance claim for her bills, and they sent her a check. She has received the check. However, she is losing her home and her kids are going hungry. The check is made out to her and only her. Can she use this money to pay her mortgage and make payment arrangements for the medical bills? She does not know what to do. She really needs to keep her home, and if she puts the money in her account a lot of it will be eaten up by bank fees since she’s in the hole in her account? Is she required to pay the bills with that check? Or can she do what she needs to do and make other arrangements?
4 ANSWERS
Generally speaking, she can use the money as she sees fit.
Answered on Apr 04th, 2013 at 10:03 PM
Ronald A. Steinberg
If the money was for her bills, she can use the money as she sees fit. She will still owe for the bills, however.
Answered on Mar 31st, 2013 at 7:59 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably more facts are needed to address this question. For example, did the hospital give your friend a notice of lien? If so, they may have a claim. Also, the language of any release agreement between the owner or your friend and the insurance company should be carefully reviewed. If the check is strictly for your friend's medical bills and general damages, she can use the money as she likes. But it would be well to deal with the existing debts, perhaps with a bankruptcy.
Answered on Mar 26th, 2013 at 2:10 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If there is clear liability she deserves money for her bills and something for pain and suffering. Any money she receives she can use any way she pleases. If she has a good case see a lawyer. if it is a trifling case, just do the best you can.
Answered on Mar 26th, 2013 at 1:33 AM