Personal Injury lien question in California. Westmed dba McCormick Ambulance. They never sent a lien notice. Is there a lien?

Asked over 1 year ago - Los Angeles, CA

Okay, long story short. I was injured in Los Angeles. I have a ton of medical bills and not too much money because of the size of the insurance policy. Right now, I am trying to determine which ones need paid NOW because of a lien on my file vs. which ones are just going to go after me someday and I can deal with them. I have my representative looking into it, but I wanted to do some research in regard to this particular creditor. The ambulance company knows that I have a case and they did send a bill...but nothing else. DO THEY HAVE AN AUTOMATIC LIEN OR ANY SPECIAL PROTECTIONS I NEED TO KNOW ABOUT? Does anyone have a reference / authority that I can look up to learn more about California lien law in regard to a personal injury case?

Attorney answers (7)

  1. Frederick Joseph Sette

    Contributor Level 12

    8

    Lawyers agree

    Answered . they don't qualify for a Hospital Lien under 3045 but regardless, you've incurred a personal obligation for their services and at some point it needs to be resolved. Depending on who the ambulance company is they can be difficult to negotiate with, i.e. AMR. If you have health insurance of course just submit it to your health insurance carrier. Otherwise, you're going to have to come to some sort of agreement with them for payment.

  2. Richard Andrew Harting

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . no automatic lien. They will however, aggressively pursue collections. The only entities that get automatic liens are government linked health insurance, i.e., Medi-Cal, Medicare, Tricare, VA etc..., there is a quasi auto lien for Hospitals providing ER care under CC sec. 3045, but it requires the entity to jump through several hoops and they usually miss one.

  3. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . A private Ambulance company doesnt have a lien unless you sign one for them. If you want to learn about liens, you may ned to go to the local law library. There are vatious reference books out there. Witkins summary of Calif law, California practice guide Personal injury by Rutter group, etc.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No, but they'll hound you until paid.

  5. David Richard Ring

    Contributor Level 4

    1

    Lawyer agrees

    Answered . In addition to the above attorney responses, please also know that, in addition to the original charges, the ambulance company will add interest.

  6. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

    Answered . With "a ton of medical bills" and an insurance policy, you need to consult with an attorney who can become adequately informed. You post looks a lot like one reworked from one 1-2 days ago. Only if the ambulance is an "hospital" can there be a statutory emergency lien. It seems that, at a minimum, you should be looking into public assistance (Medi-Cal or C.M.S.) and negotiations to reign in (reduce) the liens.

  7. Benjamin Prescott Tryk

    Pro

    Contributor Level 8

    Answered . I don't believe they qualify under the The Hospital Lien Act, so it becomes simply a matter of collections from you on behalf if the ambulance company. In these situations, I usually recommend that my clients offer a payment schedule and then their credit is not negatively impacted.

    Good luck!

    Tryklaw.com
    Fresnoinjuryblog.com

    DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you... more

Related Topics

Lien

A lien gives a creditor certain rights to a debtor's property in order to ensure payment of a debt. Liens can be either voluntary or involuntary.

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Medicare Liens

Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another "primary" source within 120 days.

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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