Did you receive proper cancellation notice from your insurance carrier? It depends on the amount of the hospital bills. You may want to settle or challenge the claim. If this person files a small claims and you produce enough evidence that she could not have been injured as a result of this accident, you may win.
You attorney is entitled to file a lien for legal services provided to you. The attorney will instruct the insurance company to place his/her name on your settlement check. You can try to negotiate the fees ahead of time so there are two separate checks that are issued by the carrier or dispute the fees through your local bar association. If you signed a retainer agreement, you will have to pay the fees. My suggestion is to try to negotiate a reduced fee.
Best advise is to contact an attorney. If there is any compensation that is received from the claim for a "wrongful Death" only; then Medicare is not allowed any reimbursement. In California, medical bills are not a remedy for a wrongful death case. The jury receives instructions from the court not to include medical bills in any award for a wrongful death action. If Medicare insists and you have a good attorney, your attorney can file a motion and have the court waive this lien.
If the driver was in the scope of employment at the time, your claim is against the driver and his employer. You are entitled to be compensated for your damages including medical bills, loss of wages and pain and suffering. Contact a personal injury attorney for a free initial consultation.
Sounds like you have suffered minor injuries or soft tissue injuries. There are attorneys who take theses types of cases. Contact a few more. If you lose in court you may be liable for the cost only and not attorney fees expenses of the defense.
If your attorney has enough faith in your case to want to file a lawsuit and litigate to get you a larger recovery, then he/she should allow you to obtain a loan. These loans are generally non-recourse (if you lose the case they will not pursue you) and the interest rate is very high. The lowest I have seen is at 4.99% a month with a four month minimum. However, if you accept and understand the terms then I don't see why you can't get a loan. Plus most reputable companies that have...
If you did not have insurance at the time of the accident your license might be suspended for one year. The insurance company or the party your rear ended may come after you for the damage to the vehicle or the person (if injured).