You need to consult with a personal injury attorney as soon as possible. They will want to review the traffic collision report and get a more thorough description of your medical treatment and quality of life impacts.
It certainly sounds like you have a claim worth well in excess of the available policy limits, however, an attorney will be able to look for other avenues of recovery, including the possibility of getting some contribution from the driver.
A consultation should be free of...
If you can show that the other driver was the sole cause of the accident then the value of your case far exceeds the $100,000 policy. If they refuse to pay that you may even have a bad faith case against them once they are forced to pay it at arbitration.
If you have health insurance that is asking for reimbursement from your settlement, make sure that they understand you are collecting nothing from the person who hit you. They are only entitled to recovery from damages you collect from...
There are no set time tables in these cases. Three months is certainly not a long time considering the circumstances of your case. I imagine your attorney has provided you some of the following, but it bears repeating:
You have two years in which to settle the claim without filing a lawsuit. If you don't file a lawsuit within two years of the date of the accident you will lose your rights.
In the meantime, your lawyer would be doing you a great disservice if they attempted to settle...
I don't want to speculate about your attorney's reasoning, but I can say that I have never had an insurance company offer more than their policy limits on a case.
It is true that filing will cost over $400 and it is a common practice to defer those costs. Most clients aren't as ready to have that kind of money spent unless absolutely necessary.
It sounds like you did not engage an attorney to represent you in this claim. If that is the case then your health insurer's lien cannot exceed 1/2 your recovery. If they dispute that, direct them to CA Civil Code section 3040. If you did engage an attorney, their max lien would be 1/3 of the settlement.
Once the lien is established, you are still entitled to reduce it further as they must share in your costs of securing the recovery. So, if you had to pay doctors to get medical bills or...
This is a very complex area of law. The Hospital is attempting to "Balance Bill." What is important for you to know is that most reputable insurance companies do not permit balance billing of their insureds. The problem is that the terms are in a contract between the insurance company and your treating facility. It is unlikely that you will ever be provided a copy of that agreement, if one exists. They are guarded like national secrets.
I suggest contacting your insurance company and...
I agree with Mr. Juarez. You should tell your attorney all of this immediately and let him handle the matter. You should discuss the possibility of reporting the conduct to the department of insurance as well. While the insurance company is entitled to observe your activities, this story sounds like an invasion of your privacy and possibly includes civil torts such as slander and libel.
Your next option should be to set a meeting with a trial attorney who can discuss the circumstances of your case with you and give you a better idea of what to expect in front of a jury.
Every case is unique and while the insurance company is most likely low balling you, this doesn't necessarily mean that trial is always the best option.
Your consultation should be free of charge and you have no obligation to retain the attorney you speak with.
To answer the questions you ask; yes,...
Any consequences for not using medicare would likely be found in your policy with the private insurer.
If you were injured in an accident I urge you to contact a personal injury attorney in your community. You can find many good attorneys here on Avvo. The consultation would be free of charge and without any obligations. At the very least, you will come away from the meeting knowing much more about your rights and your case.
Any insurer, be it medicare or private insurance, has a...
As the others have already said, you likely will have to reimburse your med pay provider a portion of what was paid. This will depend on the policy language. However, there may be opportunities for you to significantly reduce your reimbursement obligation or even eliminate it all together.
There are doctrines of law called the Common Fund and Make Whole which can help you in certain situations.
If you are discussing settlement with an insurer, I would encourage you to contact a...