QUESTION

Do I have to pay a medical bill that was part of my auto accident settlement?

Asked on Feb 18th, 2013 on Automobile Accidents - California
More details to this question:
I had an accident and not at fault. My lawyer referred me to a Chiropractor and the Chiropractor in turn sent for X-Ray. The lawyer sent me the proceeds from the settlement check. This was in 10/2010. I just received a bill from the X-Ray Office on 02/2013, to my old address (moved 08/12) which was forwarded to my new apartment. They never sent me any bill all this time. Shouldn't this expense be paid at the settlement?
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5 ANSWERS

Christian Joseph Menard
Normally, all medical bills are paid from the settlement proceeds once the settlement funds are received. Why the DC's bill was not paid, I do not know. Your lawyer should have known about him, since your lawyer sent you to him. Either way, the bill needs to be paid if you received the services. However, you should be able to negotiate a reduced amount to satisfy his billing.
Answered on Feb 26th, 2013 at 7:07 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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It should have been negotiated with the settlement. It is likely the amount of the bill was included in calculating the settlement amount. You should send the bill to the attorney who handled your personal injury case and ask why it was not taken care of at the time of settlement. The attorney should deal with the bill. However, please be aware, you are ultimately responsible for paying that bill for your medical treatment. Generally you can get at least a reduction in the bill for a proportionate share of the attorneys fees it took to obtain the settlement; i.e. if you paid your attorney 30% of the settlement, the x ray facility should reduce their bill by at least that amount.
Answered on Feb 25th, 2013 at 7:56 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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In a word yes, but can't pay that which you did not have or know about. Would contact the provider and essentially tell them that never sent bill to include in settlement payout and as result either they should waive it because of how long it took them to send out or drastically reduce the bill.
Answered on Feb 24th, 2013 at 7:30 PM

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Edwin K. Niles
If your attorney signed a lien form from the care provider, he would normally pay the provider (a reduced amount?) from the settlement.
Answered on Feb 22nd, 2013 at 12:12 AM

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Depends on what the retainer with your attorney states. If the retainer hold you responsible for medical bills, use the settlement proceeds to pay the bill.
Answered on Feb 21st, 2013 at 7:59 PM

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