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

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

Posted

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

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Posted

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.

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3 lawyers agree

Posted

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 email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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5 lawyers agree

Posted

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 action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed.

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Posted

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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