QUESTION
If the max per accident is $30,000 to be split 7 ways, my daughter won't have much of a claim, will she?
Asked on Jul 08th, 2014 on Personal Injury - Indiana
More details to this question:
My daughter was involved in an accident. Driver of the vehicle she was in was at fault. The car is insured and so is the driver. The driver isn't the owner of the vehicle. In short, the vehicle policy is 15/30. There are 7 other parties involved in this claim. My daughter's medical bill is $49,000 and medivac is $6,000. There is a medicaid (Medi-Cal) lien. How does this lien work? I am trying to understand. I know Medicaid (Medi-Cal) writes off a certain amount. So it'll be less than $49,000 that will be reimbursed to Medi-Cal. Is that written off amount lost and can't be recovered? So if the max per accident is $30,000 to be split 7 ways, my daughter won't have much of a claim, will she? I'm just a little confused not because it Medi-Cal but in general if her medical bills exceed insurance policy limits. I hadn't contacted an attorney because I've read on the internet that a person would only receive the amount originally sought out. It's the attorney's and court fees added on to make it appear as if the injured person would receive more. Take it all away and the injured person doesn't receive as much. This makes me a little skeptical.
12 ANSWERS
If you look only to insurance coverage, then it would be split up among the injured persons. There would be negotiation on the percentage distributions. You might want to sue the at fault driver, get a big judgment and try to collect other than through insurance coverage. You are not required to accept any settlement offer, but most lawyers would want to settle for the insurance coverage unless the at fault driver had significant assets or income to garnish. The liens of medical care providers can be negotiated, but you need to be careful on those.
Answered on Jul 11th, 2014 at 3:17 AM
Edwin K. Niles
Medi-Cal will pay a sharply reduced amount to the medical providers, which the providers will accept. Medi-Cal then has a lien for the amount paid (less their share of lawyer fees and costs, typically one third) against any recovery from the auto accident settlement. If there isn't enough to go around?, Medi-Care will usually negotiate a further reduction so the the injured party gets something. Your daughter's bills seem quite high. If we assume that she was the most seriously injured, maybe she'll get an offer of $15K. From that she'll have to pay the amount paid by Medi-Care, and keep the rest. If M-C paid more than $15K (which I doubt) they will negotiate. You can do this without a lawyer, I think. On the other hand, if you have a lawyer, M-C will automatically reduce their claim by one third. Do the math.
Answered on Jul 11th, 2014 at 3:00 AM
Ronald A. Steinberg
Yea, it is sad, isn't it? The max under that polcy is $15K per person, but $30K per accident. One person gets $15K Max; 2 people get $15K max each; but 7 get to split $30K Max. If your daughter was hurt worse than 1/7 of $30K, then she can sue the driver and the owner and get at their personal assets. But you will need a collection lawyer to get the money, and they charge between 1/3 and 1/2 to do the job.
Answered on Jul 10th, 2014 at 11:48 AM
Thomas Edward Gates
First off, you need to retain a personal injury attorney. Secondly, remove yourself from the other six injured parties. Because the other party does not have enough insurance coverage, you will be suing them directly. These type of cases are handle with a contingency agreement, where the attorney gets 1/3 of any judgment or settlement received. If you collect nothing his fees are not paid. You will, however, have to pay all cost associated with the matter. Medical organizations typically reduce their refund request by 1/3 because they would generally not receive anything if not for the attorney. The remaining balance would go to your daughter. Do not settle for a low ball number. You want all of your expenses covered. Also, do not settle until all of your treatments have been completed.
Answered on Jul 10th, 2014 at 11:09 AM
Consumer Law Attorney serving Denver, CO
at
Chalat Hatten & Banker PC
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Given the complexity of the insurance coverage, you should consult with an experienced personal injury lawyer about other available policies for compensating your daughter. The driver may have car insurance, or if a minor, may have coverage under parents' policies. You may have underinsured motorist coverage as well. And an attorney may be able to reduce the amount sought by the medical insurance coverage, depending on the laws in California governing medical liens by Medi-Cal. If the accident occurred in Colorado, then you should consult with a Colorado personal injury attorney. Most will provide a free consultation.
Answered on Jul 10th, 2014 at 10:49 AM
James Eugene Hasser
You don't give enough facts to answer your question. Consider consulting an experienced injury lawyer. They can maximize her recovery, perhaps finding other sources from which to recover. Good luck.
Answered on Jul 10th, 2014 at 10:41 AM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
First question is whether you had your own UIM or UM coverage. Notwithstanding that, the $30K limits will have to be split up, not necessarily equally, that may require mediation. Sometimes the limits get prorated based on damages per person. The lien applies to whatever insurance is available which is obviously open to discussion. Usually the lienholder will negotiate as well but the responsibility for the bill lies with the patient (in this case you) whether there is insurance or not. Bottom line: when there is not enough insurance nobody comes out ahead. The money should be split up to cover medical bills as much as possible and hopefully the lienholders will work with you.
Answered on Jul 10th, 2014 at 10:35 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If your daughter either lives with you and you have insurance, or has her own insurance policy, she can make an under insured motorist claim on one of those policies up to the maximum of that limit.
Answered on Jul 10th, 2014 at 10:03 AM
EDWARD MILLER
Unable to respond based on the facts stated.
Answered on Jul 10th, 2014 at 10:03 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
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Your daughter needs to determine if she has uninsured motorist coverage on her car insurance policy, or if she resides with a relative who has uninsured motorist coverage on their vehicle, as she may be eligible to make a claim under that coverage.
Answered on Jul 10th, 2014 at 8:40 AM
Amanda Pirt
Given your question, I assume you're in California. I urge you to contact a California attorney for the laws that may affect your daughter's claim there, as they may differ from the laws in the state where I practice. That attorney can also give you specific information regarding the lien and subrogation laws that may apply to the medical interests in the claim. With a low-limit policy like the one you described, it is very likely that your daughter will only receive a portion of the limit available if there are other injured parties. However, your daughter may be able to make a claim for underinsured motorist (UIM) benefits against your own automobile policy, if you contracted for such benefits.
Answered on Jul 10th, 2014 at 8:07 AM
4 Awards
Hire an attorney, Your case and coverage issues are complex. To put it another way, many people can change their own oil, but could never do their own engine overhaul. There are some legal issues that can be handled pretty easily without an attorney. Yours is not one of them. Especially with liens involved and trained adjustors working for the insurer with the sole purpose of saving the insurer money. Good luck.
Answered on Jul 10th, 2014 at 7:56 AM