I am a health care practitioner. I treated an auto injured person with no health or auto insurance. Treatment ended 03-09

Asked almost 5 years ago - Bakersfield, CA

I treated an injured patient for a total of $4,000.00 worth of care. She has no coverage except the other insureds coverage. They will not pay me. They will pay her dIrectly and she is responsible for paying me for her care. Treatment ended 7 -8 months ago. She has yet to pay me for my services. What are my rights? Can I send her to collections? Can I add interest to her account? Last contact on 10-1-09 she stated that we were harrasing her now. She noted that we will get paid when we get paid.

Attorney answers (4)

  1. Steven Brian Adelman

    Contributor Level 5

    Answered . Did you client enter into a lien arrangement with you? Did you agree to wait until the injury case was settled to get paid? Usually a medical care professional will not treat a client without a lien signed by the treator and the attorney. By having an attorney involved he or she protects the medical care professionals interest by not distributing funds until all parties agree as to the amount of the medical bill.
    If the client did not sign a lien you are free to request payment and sue the client for unpaid medical bills. As a practical matter if he gives you permission to talk to the insurance company and the case is unresolved you should wait until he or she settles the matter. You might wnat to offer to refer him to an attorney you work with to assist him in getting paid and to protect your lien interests. Please be aware of apporpriate statute of limitations which oculd interfer with both your rights and her rights.

  2. Howard Robert Roitman

    Contributor Level 17

    Answered . If the patent has a lawyer you should try to work through the lawyer.

    You can create a right in the insurance settlement by sending the company a letter saying you are "asserting a lien" against the file. If they have not yet paid, they most pay you before paying her.

    You can also seek to collect from the patient.

  3. Howard Robert Roitman

    Contributor Level 17

    Answered . If the patent has a lawyer you should try to work through the lawyer.

    You can create a right in the insurance settlement by sending the company a letter saying you are "asserting a lien" against the file. If they have not yet paid, they most pay you before paying her.

    You can also seek to collect from the patient.

  4. Peter Robert Stone

    Contributor Level 15

    Answered . Generally in California there is no right to a lien against a third party who did not contract with your for services. So your lien would be with the patient and their attorney. If she had no insurance and she was the owner or operator of the vehicle her damages would be limited and she could not obtain pain and suffering. This will make it very hard for you to collect as the settlement will be very small. Post some more facts of the case, whether the patient has an attorney, injuries, what your lien agreement provides and the lawyers could give you better advice.

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