Does my attorney or the other party's insurance company send my insurance company their reimbursement check?

Asked over 1 year ago - Sacramento, CA

I was involved in an accident and will be settling the case at some point. The other driver is completely at fault. I am just confused as to the payment of my medical expenses. My insurance company is to be paid back the money they paid out in medical expenses for my injury. So, I am wondering if once settlement is reached and the release paperwork is signed, does the other party's insurance company send my attorney a check for the full amount we settled on and my attorney disbursed the medical expenses to my insurance company? Or does the other party's insurance company send my insurance company their expenses and send my lawyer the remainder? I am unclear as to the whole process.

Thank you!

Attorney answers (5)

  1. David Lee Fiol

    Contributor Level 17

    6

    Lawyers agree

    Answered . Usually your attorney handles paying off liens such as the medical payments you are referring to here.

  2. Michael Shemtoub

    Contributor Level 17

    5

    Lawyers agree

    Answered . You have very valid concerns. However, my suggestion is that you contact your attorney and address these issues with him. Best of luck to you.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Since you are represented by counsel, I suggest you pick up the phone and call your attorney and ask this question of him or her. You will be paying your attorney good money to answer this type of question. It is usually preferable to have all funds come into your attorney's office and have your attorney negotiate reductions in liens. Call your attorney today.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  4. Olga V. Blotnis

    Contributor Level 13

    3

    Lawyers agree

    Answered . You should discuss this process with your attorney. Usually, the insurance company of the at fault driver sends a check for the full settlement amount to your attorney and attorney disburses the money. However, some attorneys do it differently, sometimes insurance company might have the names of the parties and lienholders on the check.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your attorney should be able to negotiate the bills down to 5-10 cents on the dollar. Don't sign the release until your lawyer has done so, otherwise there will be no incentive for him to do so.

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