If you have doubts about your attorney paying your medical bills or any bills for that matter, ask for and insist on copies of the canceled checks paying those bills.
Normally a third party's insurance company is not going to pay your medical bills directly to the medical providers. Usually when a California personal injury case is settled, the third party insurance company will send your attorney one check for the full settlement amount. The third party insurance company does not normally concern itself with the actual payment of your medical bills.
"I was told by my attorney no medical bills would be taken out of my settlement and the insurance company will pay all cost if I used their doctors...". No matter if the third party insurance company paid your medical bills directly to the provider (very unusual in your situation) or paid them to you through your attorney in the final settlement check, the payment of those funds are a part of your "settlement". Everything the third party insurance company pays on your claim is a part of your "settlement", no matter who it goes to. Your attorney probably took a fee based upon the total amount of the settlement including the medical payments(which is the normal case).
The best way to get to the bottom of this and give the attorney a chance to explain everything to you is to sit down with your attorney, go over your file and everything you were told. This way any misunderstandings can be worked out and you can feel good about what your were told and the work your attorney did for you.
I doubt there is any miss billing or shenanigan going on here but a frank in person discussion with your attorney should flush out any mistakes or misunderstandings. Give your attorney a chance to clear up the situation and keep your relationship in good standing.
Answered on Sep 22nd, 2011 at 2:37 PM